SZFMW v Minister for Immigration and Citizenship [2008] FCA 1862

FEDERAL COURT OF AUSTRALIA

SZFMW v Minister for Immigration and Citizenship [2008] FCA 1862

MIGRATION – application for leave to appeal – Tribunal decision considered and special leave refused – further application for review – new argument based on s 441G of the Migration Act 1958 (Cth) – Federal Magistrate held no jurisdiction – Anshun estoppel – no special circumstances – notification of Tribunal decision – authorised recipient served – reasonable inference that applicant in receipt of Tribunal decision – application dismissed Federal Magistrates Court Rules 2001 (Cth), r 44.12(2) Federal Court of Australia Act 1976 (Cth), ss 24(1)(d), 24(1A) Migration Act 1958 (Cth), ss 424A, 441A(4)(c)(ii), 441G, 477 Metwally v University of Wollongong (1985) 60 ALR 68 cited Port of Melbourne Authority v Anshun Pty Ltd (1981) 147 CLR 589 referred to SZFDE v Minister for Immigration and Citizenship (2007) 232 CLR 189considered SZIZO v Minister for Immigration and Citizenship (2008) 102 ALD 541 referred to SZKNX v Minister for Immigration and Citizenship (2008) 104 ALD 475 referred to Wong v Minister for Immigration & Multicultural & Indigenous Affairs (2004) 146 FCR 10 considered SZFMW v MINISTER FOR IMMIGRATION AND CITIZENSHIP and REFUGEE REVIEW TRIBUNAL

NSD 1531 of 2008

BENNETT J

10 December 2008

SYDNEY IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 1531 of 2008

BETWEEN: SZFMW

Applicant

AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

JUDGE: BENNETT J

DATE OF ORDER: 10 DECEMBER 2008

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. The application for leave to appeal be dismissed. 2. The applicant pay the first respondent's costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. The text of entered orders can be located using eSearch on the Court's website. IN THE FEDERAL COURT OF AUSTRALIA