Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZJMY v Minister for Immigration & Citizenship [2008] FCA 708
MIGRATION – application not lodged within time – no discretion to "override" time limitation – no jurisdiction
Migration Act 1958 (Cth) ss 412(1)(b), 494B(4), 494C(4) Migration Regulations 1994 (Cth) reg 4.31(2)
MZNAX v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 1126 cited SZEBS v Minister for Immigration & Multicultural & Indigenous Affairs [2006] FCA 456 followed SZJMY v Minister for Immigration & Citizenship [2008] FMCA 105 cited VAQ v Minister for Immigration & Multicultural Affairs [2002] FCA 170 cited VEAN of 2002 v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCAFC 311, 133 FCR 570 followed VOAM v Minister for Immigration & Multicultural Affairs [2003] FCA 396 cited SZJMY AND SZJMZ v MINISTER FOR IMMIGRATION & CITIZENSHIP AND REFUGEE REVIEW TRIBUNAL
NSD 182 of 2008
FLICK J
20 MAY 2008
SYDNEY IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 182 of 2008
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: SZJMY
First Appellant
SZJMZ
Second Appellant
AND: MINISTER FOR IMMIGRATION & CITIZENSHIP
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE: FLICK J DATE OF ORDER: 20 MAY 2008
WHERE MADE: SYDNEY
THE ORDERS OF THE COURT ARE:
1. The appeal be dismissed. 2. The Appellants to pay the costs of the First Respondent fixed in the amount of $1,800. 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 182 of 2008
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: SZJMY
First Appellant
SZJMZ
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