SZHXH v Minister for Immigration and Citizenship [2008] FCA 231

FEDERAL COURT OF AUSTRALIA

SZHXH v Minister for Immigration and Citizenship [2008] FCA 231

MIGRATION – application for an extension of time to appeal against a judgment of a Federal Magistrate – application received outside of time prescribed by the Federal Court Rules – no explanation for delay provided – no basis on which an application for an extension of time could be granted – leave to appeal required in any case – no application for leave to appeal made – no basis disclosed on which leave to appeal could be granted – no appearance at the hearing – application dismissed pursuant to s 25(2B)(bb)(ii) Federal Court of Australia Act 1976 (Cth), s 24(1A), s 25(2B)(bb)(ii) Federal Court of Australia Rules, O 52 r 5 Federal Magistrates Court Rules, Rule 44.12(1)(a), Rule 44.12(2) Nguyen v Minister for Immigration and Citizenship [2007] FCAFC 38 SZHXH v Minister for Immigration and Anor [2007] FMCA 915 SZHXH v MINISTER FOR IMMIGRATION AND CITIZENSHIP AND REFUGEE REVIEW TRIBUNAL NSD 1911 OF 2007

BUCHANAN J

6 march 2008

SYDNEY IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 1911 OF 2007

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: SZHXH

Applicant

AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

JUDGE: BUCHANAN J DATE OF ORDER: 22 february 2008

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. The application is dismissed pursuant to section 25 (2B)(bb)(ii) of the Federal Court of Australia Act 1976 (Cth). 2. The applicant file any Notice of Motion seeking to set aside the order dismissing the application by 4pm on 30 April 2008. 3. The applicant pay the respondent's costs of the proceedings THE COURT DIRECTS THAT: 1. The Registrar not accept any further documents for filing from the applicant after 30 April 2008 without the leave of a Judge first obtained. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.