Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Badoui v Minister for Immigration and Citizenship [2008] FCA 156 BADOUI AL BADOUI v MINISTER FOR IMMIGRATION AND CITIZENSHIP AND MIGRATION REVIEW TRIBUNAL NSD 1816 OF 2007
KENNY J
26 FEBRUARY 2008
SYDNEY IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 1816 OF 2007
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: BADOUI AL BADOUI
Applicant
AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent
MIGRATION REVIEW TRIBUNAL
Second Respondent
JUDGE: KENNY J DATE OF ORDER: 26 FEBRUARY 2008
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. The application for an extension of time in which to file and serve a notice of appeal be refused. 2. The applicant pay the first respondent's costs of the application fixed in the sum of $1,200.00. 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 1816 OF 2007
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: BADOUI AL BADOUI
Applicant
AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent
MIGRATION REVIEW TRIBUNAL
Second Respondent
JUDGE: KENNY J
DATE: 26 FEBRUARY 2008
PLACE: SYDNEY
REASONS FOR JUDGMENT 1 This is an application for an extension of time in which to appeal from a judgment of the Federal Magistrates Court of 17 July 2006. The application before the Federal Magistrates Court sought judicial review of a decision of the Migration Review Tribunal ('the Tribunal') of 10 July 2002 to refuse to grant a visa to the applicant. 2 The applicant is a citizen of Lebanon, who arrived in Australia on 15 April 1996. The applicant lodged an application for a sub-class 806 – Family (Residence) (Class AO) visa, claiming special need relative status on 11 April 1997. A delegate of the first respondent refused the application on 16 December 1999. On 12 January 2000, the applicant applied to the Tribunal for a review of that decision. The Tribunal gave its decision against the applicant on 10 July 2002.
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