SZKDC v Minister for Immigration and Citizenship [2008] FCA 164

FEDERAL COURT OF AUSTRALIA

SZKDC v Minister for Immigration and Citizenship [2008] FCA 164

SZKDC v MINISTER FOR IMMIGRATION AND CITIZENSHIP AND REFUGEE REVIEW TRIBUNAL NSD 2006 OF 2007

KENNY J

27 FEBRUARY 2008

SYDNEY IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 2006 OF 2007

BETWEEN: SZKDC

Applicant

AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

JUDGE: KENNY J

DATE OF ORDER: 27 FEBRUARY 2008

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. The application for extension of time be refused. 2. The applicant pay the first respondent's costs of the application. 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 2006 OF 2007

BETWEEN: SZKDC

Applicant

AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

JUDGE: KENNY J

DATE: 27 FEBRUARY 2008

PLACE: SYDNEY

REASONS FOR JUDGMENT 1 The Court has before it an application for an extension of time in which to file and serve a notice of appeal from a judgment of the Federal Magistrates Court of 26 March 2007. The application before the Federal Magistrates Court sought judicial review of a decision of the Refugee Review Tribunal ("Tribunal"). 2 The applicant is a citizen of Indonesia who arrived in Australia on 25 October 2005. On 24 November 2005 the applicant lodged an application for a protection visa. A delegate of the first respondent refused the application for a protection visa on 29 December 2005. On 6 February 2006 the applicant applied to the Tribunal for a review of that decision. In a decision handed down on 6 April 2006, the Tribunal affirmed the delegate's decision.