Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZLQD v Minister for Immigration and Citizenship [2008] FCA 739
MIGRATION – protection visa - leave to appeal application from judgment of Federal Magistrates Court – whether decision attended by sufficient doubt to warrant reconsideration – whether substantial injustice would result if leave to appeal were refused, supposing the decision to be wrong – whether Refugee Review Tribunal failed to accord procedural fairness in accordance with s 424AA of the Migration Act 1958 (Cth) – whether s 424AA operated at time of review application Held: application dismissed Federal Magistrates Court Rules 2001 (Cth) rr 44.12(1)(a) and 44.12(2) Migration Act 1958 (Cth) ss 424A, 424A(3) and 424AA Migration Amendment (Review Provisions) Act 2007 (Cth)ss 2 and 33(b) SZLQD v Minister for Immigration and Citizenship [2008] FMCA 190, cited Décor Corporation Pty Ltd v Dart Industries Inc (1991) 33 FCR 397, applied Randhawa v Minister for Immigration, Local Government and Ethnic Affairs (1994) 52 FCR 437, referred to SZLTC v Minister for Immigration and Citizenship [2008] FMCA 384, referred to SZLQD v MINISTER FOR IMMIGRATION AND CITIZENSHIP AND REFUGEE REVIEW TRIBUNAL NSD 285 OF 2008
MARSHALL J
22 MAY 2008
SYDNEY IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 285 OF 2008
BETWEEN: SZLQD
Applicant
AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE: MARSHALL J
DATE OF ORDER: 22 MAY 2008
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. Leave to appeal is refused. 2. The applicant pay the first respondent's costs of the application, fixed at $1,880.
Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. IN THE FEDERAL COURT OF AUSTRALIA
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