Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZHQC v Minister for Immigration and Citizenship [2008] FCA 1968
Federal Magistrates Court Rules 2001 (Cth) r 13.10(a) Migration Act 1958 (Cth) s 424A Décor Corporation Pty Ltd v Dart Industries Inc (1991) 33 FCR 397 cited Metwally v University of Wollongong (1985) 60 ALR 68 considered Port of Melbourne Authority v Anshun Proprietary Limited (1981) 147 CLR 589 considered SZFMW v Minister for Immigration and Citizenship [2008] FCA 1862 cited Wong v Minister for Immigration and Multicultural and Indigenous Affairs (2004) 146 FCR 10 considered SZHQC v MINISTER FOR IMMIGRATION AND CITIZENSHIP AND REFUGEE REVIEW TRIBUNAL
NSD 1862 of 2008
BENNETT J
15 DECEMBER 2008
SYDNEY IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 1862 of 2008
BETWEEN: SZHQC
Applicant
AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE: BENNETT J
DATE OF ORDER: 15 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 in the amount of $1100. 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 1862 of 2008
BETWEEN: SZHQC
Applicant
AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE: BENNETT J
DATE: 15 DECEMBER 2008
PLACE: SYDNEY
REASONS FOR JUDGMENT
introduction 1 The applicant is a citizen of India. He seeks leave to appeal from a decision of the Federal Magistrates Court in which Barnes FM dismissed his application for review of a decision of the Refugee Review Tribunal ('the Tribunal') pursuant to rule 13.10(a) of the Federal Magistrates Court Rules 2001 (Cth) (SZHQC v Minister for Immigration [2008] FMCA 1604). The Tribunal decision affirmed a decision of a delegate of the Minister not to grant a protection visa to the applicant. 2 Federal Magistrate Barnes gave a number of reasons for dismissing the application for review. The first was that the Tribunal decision the subject of the application had already been considered by the Federal Magistrates Court (SZHQC v Minister for Immigration [2006] FMCA 1590) and a judge of this Court (SZHQC v Minister for Immigration and Citizenship [2007] FCA 305) and had been the subject of an application for special leave to the High Court (SZHQC v Minister for Immigration and Citizenship [2007] HCATrans 735).
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