Applicant S 1033/2003 v Minister for Immigration & Citizenship [2008] FCA 216

FEDERAL COURT OF AUSTRALIA

Applicant S 1033/2003 v Minister for Immigration & Citizenship [2008] FCA 216

MIGRATION – application to Federal Magistrates Court out of time – dismissed as incompetent – interlocutory decision - appeal to Federal Court filed out of time – leave to appeal refused Migration Act 1958 (Cth) Federal Court Rules 1979 (Cth), O 52 Federal Court of Australia Act 1976 (Cth), s 24

Decor Corporation Pty Ltd v Dart Industries Inc (1991) 33 FCR 397 followed Md Abdullah Al Mamun v Minister for Immigration & Citizenship [2007] FCA 541 followed Minister for Immigration & Citizenship v SZKKC [2007] FCAFC 105 followed Nguyen v Minister for Immigration & Citizenship [2007] FCAFC 38 considered SZDGN v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 1543 followed SZICV v Minister for Immigration & Citizenship [2007] FCAFC 39 considered SZKET v Minister for Immigration & Citizenship [2007] FCA 1705 followed WACB v Minister for Immigration & Multicultural & Indigenous Affairs [2004] HCA 50, 210 ALR 190 followed APPLICANT S 1033/2003 v MINISTER FOR IMMIGRATION & CITIZENSHIP AND REFUGEE REVIEW TRIBUNAL NSD 2370 OF 2007 FLICK J 4 MARCH 2008 SYDNEY IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY nsd 2370 OF 2007

BETWEEN: APPLICANT S 1033/2003

Applicant

AND MINISTER FOR IMMIGRATION & CITIZENSHIP

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

JUDGE: flick j

DATE OF ORDER: 4 March 2008

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. The Application for Leave to Appeal and for an extension of time within which to file a Notice of Appeal is refused. 2. The Applicant to pay the costs of the First Respondent. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.