Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZKND v Minister for Immigration and Citizenship [2007] FCA 1973
SZKND v MINISTER FOR IMMIGRATION AND CITIZENSHIP AND REFUGEE REVIEW TRIBUNAL NSD 1236 OF 2007
FLICK J
14 NOVEMBER 2007
SYDNEY IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 1236 OF 2007
BETWEEN: SZKND
Applicant
AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE: FLICK J
DATE OF ORDER: 14 NOVEMBER 2007
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. The application be dismissed. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 1236 OF 2007
BETWEEN: SZKND
Applicant
AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE: FLICK J
DATE: 14 NOVEMBER 2007
PLACE: SYDNEY
REASONS FOR JUDGMENT 1 This is an application for leave to appeal from a decision of the Federal Magistrates Court delivered on 19 June 2007. 2 Before that Court, the Applicant was seeking review of a decision of the Refugee Review Tribunal signed on 10 February 2006. 3 The Federal Magistrate reviewed the chronological sequence within which applications had been made for review. 4 Relevantly, the chronology can be stated as follows: DATE EVENT 13 April 1959 The Applicant was born. 30 September 2005 The Applicant arrived in Australia. 6 October 2005 The application for the protection visa was filed with the then Department of Immigration and Multicultural and Indigenous Affairs. 27 October 2005 The decision of the Delegate of the First Respondent was made refusing the application for the protection visa. 28 November 2005 The application for review was lodged with the Refugee Review Tribunal. 9 January 2006 The hearing invitation letter was sent to the Applicant and the Applicant did not attend the hearing. 13 February 2006 The Tribunal handed down its decision and the Applicant did not attend on that occasion. A copy of the decision was, however, sent to the Applicant at his latest address. 26 August 2006 The Applicant claims to have received actual notification of the Refugee Review Tribunal decision. 10 April 2007 The application for an order to show cause was filed in the Federal Magistrates Court.
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