SZGND v Minister for Immigration and Citizenship [2008] FCA 680

FEDERAL COURT OF AUSTRALIA

SZGND v Minister for Immigration and Citizenship [2008] FCA 680

SZGND v MINISTER FOR IMMIGRATION AND CITIZENSHIP and REFUGEE REVIEW TRIBUNAL

NSD 7 of 2008

RYAN J

15 MAY 2008

SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 7 of 2008

BETWEEN: SZGND

Applicant

AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

JUDGE: RYAN J

DATE OF ORDER: 15 MAY 2008

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. The application for an extension of time to file and serve a notice of appeal be dismissed.

2. The applicant pay the first respondent's costs fixed in the sum of $1,000. 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 7 of 2008

BETWEEN: SZGND

Applicant

AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

JUDGE: RYAN J

DATE: 15 MAY 2008

PLACE: SYDNEY

REASONS FOR JUDGMENT 1 There is before the Court an application for extension of time to file and serve a notice of appeal from orders of Raphael FM of 29 November 2007. The application for leave to appeal has been filed with an affidavit sworn by the applicant in support of the application to which a draft notice appeal is attached. The application before the Federal Magistrate sought judicial review of a decision of the Refugee Review Tribunal ("the Tribunal") which had been handed down on 25 August 2007. 2 The applicant is a citizen of the People's Republic of China and arrived in Australia on 14 November 2004. On 25 November 2004 the applicant applied to the Department of Immigration and Multicultural and Indigenous Affairs ("the Department") for a protection (class XA) visa. On 31 December 2004 a delegate of the first respondent ("the Minister") refused to grant the appellant a protection visa.