Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZLJD v Minister for Immigration and Citizenship [2008] FCA 919
Migration Act 1958 (Cth)
SZLJD v MINISTER FOR IMMIGRATION AND CITIZENSHIP and REFUGEE REVIEW TRIBUNAL
NSD 21 of 2008
REEVES J
20 JUNE 2008
DARWIN
IN THE FEDERAL COURT OF AUSTRALIA
NORTHERN TERRITORY DISTRICT REGISTRY NSD 21 of 2008
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: SZLJD
Applicant
AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE: REEVES J
DATE OF ORDER: 20 JUNE 2008
WHERE MADE: DARWIN
THE COURT ORDERS THAT:
1. The applicant be granted leave to appeal. 2. Costs are reserved. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
NORTHERN TERRITORY DISTRICT REGISTRY NSD 21 of 2008
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: SZLJD
Applicant
AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE: REEVES J
DATE: 20 JUNE 2008
PLACE: DARWIN
REASONS FOR JUDGMENT
INTRODUCTION 1 This is an application for leave to appeal against the decision of Federal Magistrate Smith delivered on 18 December 2007. In an application of this kind, the applicant is required to show whether, in all the circumstances, the decision is attended with sufficient doubt to warrant it being reconsidered by this Court and whether substantial injustice would result if leave were refused, assuming the decision to be wrong. I consider this test has been met by the applicant in this case and I propose to grant her leave to appeal. 2 At this stage, I merely propose to identify in quite general terms, the aspect of the Federal Magistrate's decision that raises sufficient doubt in my mind to warrant this matter being considered on appeal. I would add that if the Federal Magistrate's decision is wrong, some obvious and significant consequences will be suffered by the applicant, such that she also meets the second leg of the test I have mentioned. I should add that unlike the Federal Magistrate, I have had the benefit of reading a transcript of the hearing before the Refugee Review Tribunal ('the Tribunal') on 3 July 2007.
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