Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
MZXPW v Minister for Immigration and Citizenship [2008] FCA 689
MIGRATION – Appeal from interlocutory decision of Federal Magistrates Court – Where no application for leave to appeal – Where "draft" notice of appeal did not identify grounds for review of the Federal Magistrate's decision - Where Court found no error on the part of the Federal Magistrate – Application dismissed.
Federal Magistrates Court Rules 2001 (Cth) r 13.03A(c) Decor Corporation Proprietary Limited v Dart Industries Inc (1991) 33 FCR 397 cited MZXPW v MINISTER FOR IMMIGRATION AND CITIZENSHIP AND REFUGEE REVIEW TRIBUNAL VID 158 OF 2008
TRACEY J
20 MAY 2008
MELBOURNE IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY VID 158 OF 2008
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: MZXPW
Appellant
AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE: TRACEY J DATE OF ORDER: 20 MAY 2008
WHERE MADE: MELBOURNE
THE COURT ORDERS THAT:
1. The application for leave to appeal be dismissed. 2. The appellant pay the costs of the first respondent fixed at $2,500.00.
Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY VID 158 OF 2008
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: MZXPW
Appellant
AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE: TRACEY J
DATE: 20 MAY 2008
PLACE: MELBOURNE
REASONS FOR JUDGMENT
Background 1 This purports to be an appeal against a judgment of a Federal Magistrate delivered on 3 March 2008 dismissing an application for reinstatement of an application for judicial review of a decision of the Refugee Review Tribunal ("the Tribunal") dated 23 February 2007 (see: MZXPW v Minister for Immigration and Citizenship [2008] FMCA 480). The Tribunal had affirmed a decision of a delegate of the Department of Immigration and Multicultural Affairs, as it was then known, to refuse to grant a protection visa to the appellant. 2 The appellant is a citizen of Pakistan who arrived in Australia on 30 March 2006. On 24 May 2006 the appellant lodged an application for a protection visa with the Department of Immigration and Multicultural Affairs. A delegate of the first respondent refused the application for a protection visa on 8 August 2006. The appellant applied to the Tribunal for a review of the delegate's decision on 29 August 2006.
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