SZJIA v Minister for Immigration and Citizenship (No. 2) [2008] FCA 1142

FEDERAL COURT OF AUSTRALIA

SZJIA v Minister for Immigration and Citizenship (No. 2) [2008] FCA 1142

SZJIA v MINISTER FOR IMMIGRATION AND CITIZENSHIP and REFUGEE REVIEW TRIBUNAL NSD 278 OF 2008

COWDROY J

6 AUGUST 2008

SYDNEY IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 278 OF 2008

BETWEEN: SZJIA

Applicant

AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

JUDGE: COWDROY J

DATE OF ORDER: 6 AUGUST 2008

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. The application be dismissed. 2. The Applicant pay the costs of the First Respondent.

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 278 OF 2008

BETWEEN: SZJIA

Applicant

AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

JUDGE: COWDROY J

DATE: 6 AUGUST 2008

PLACE: SYDNEY

REASONS FOR JUDGMENT 1 The applicant's application for an extension of time to file and serve a notice of appeal came before the Court on 10 April 2008 but was adjourned: see SZJIA v Minister for Immigration and Citizenship [2008] FCA 479. The adjournment was granted in view of an appeal then pending before the High Court of Australia in respect of the decision of the Full Federal Court in Minister for Immigration and Citizenship v SZKKC [2007] FCAFC 105. In that decision the Full Court held that to comply with s 477 of the Migration Act 1958 (Cth) ('the Act') the Refugee Review Tribunal ('the Tribunal') must personally deliver its written statement under s 430(1) of the Act to the applicant. Special leave to appeal was granted by the High Court but the appeal was subsequently withdrawn by the Minister for Immigration and Citizenship ('the Minister'). Accordingly, the applicant's application was re-listed for hearing on 30 July 2008.