SZLAF v Minister for Immigration & Citizenship [2008] FCA 219

FEDERAL COURT OF AUSTRALIA

SZLAF v Minister for Immigration & Citizenship [2008] FCA 219

MIGRATION – Migration Act 1958 (Cth) – application for leave to appeal – filed out of time – leave refused – no explanation provided for delay – no prospects of success – new ground of appeal sought to be relied upon – no explanation provided

Federal Court of Australia Act 1976 (Cth), s 24 Federal Court Rules 1979 (Cth), O 52 Federal Magistrates Court Rules 2001 (Cth), r 44 Migration Act 1958 (Cth), s 424A, s 425 Coulton v Holcombe (1986) 162 CLR 1 considered Jess v Scott (1986) 12 FCR 187 considered SZBYR v Minister for Immigration & Citizenship [2007] HCA 26, 235 ALR 609 followed VAF v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCAFC 123, 206 ALR 471 followed VUAX v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCAFC 158 cited SZLAF AND SZLAG v MINISTER FOR IMMIGRATION & CITIZENSHIP AND REFUGEE REVIEW TRIBUNAL NSD 2328 OF 2007

FLICK J

4 March 2008

SYDNEY IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY nsd 2328 OF 2007

BETWEEN: SZLAF

First Applicant

SZLAG

Second 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 as filed on 26 November 2007 be dismissed. 2. The Applicants 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.

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 2328 OF 2007

BETWEEN: SZLAF

First Applicant

SZLAG

Second Applicant

AND: MINISTER FOR IMMIGRATION & CITIZENSHIP