Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZJOH v Minister for Immigration and Citizenship [2008] FCA 1883
MIGRATION – application for leave to appeal – application filed out of time – appellant did not appear at hearing - whether decision of the Federal Magistrates Court attended with sufficient doubt – whether substantial injustice would result if leave refused – application an abuse of process Held: application dismissed Federal Court of Australia Act 1976 (Cth) Federal Court Rules Judiciary Act 1903 (Cth) Décor Corporation Pty Ltd v Dart Industries Inc (1991) 33 FCR 397 Sharp v Deputy Commissioner of Taxation (Cth) (1988) 88 ATC 4,184 SZGAP v Minister for Immigration & Multicultural & Indigenous Affairs (2005) 227 ALR 683; [2005] FCA 1785 SZJOH v Minister for Immigration & Anor [2008] FMCA 1401
SZJOH v MINISTER FOR IMMIGRATION AND CITIZENSHIP and REFUGEE REVIEW TRIBUNAL
NSD 1675 of 2008
JAGOT J
10 DECEMBER 2008
SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 1675 of 2008
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: SZJOH
Appellant
AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE: JAGOT J
DATE OF ORDER: 10 DECEMBER 2008
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. The application for leave to appeal is dismissed. 2. The appellant is to pay the first respondent's costs as agreed or taxed.
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
NEW SOUTH WALES DISTRICT REGISTRY NSD 1675 of 2008
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: SZJOH
Appellant
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