Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZHIU v Minister for Immigration and Citizenship [2009] FCA 101
SZHIU v MINISTER FOR IMMIGRATION AND CITIZENSHIP and REFUGEE REVIEW TRIBUNAL
NSD 1413 of 2008
COWDROY J
18 FEBRUARY 2009
SYDNEY IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 1413 of 2008
BETWEEN: SZHIU
Applicant
AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE: COWDROY J
DATE OF ORDER: 18 FEBRUARY 2009
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. Leave be granted to the Applicant to file a Notice of Appeal raising for determination the question whether the Tribunal was required to consider the effect of delay, if any, upon the inconsistencies in the Applicant's testimony before the Refugee Review Tribunal on 21 July 2005 and 29 August 2007 concerning the Applicant's recollection of the murder of Mr Ahsanullah Master. 2. The costs of this application are to be included in the costs of the appeal. 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 1413 of 2008
BETWEEN: SZHIU
Applicant
AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE: COWDROY J
DATE: 18 FEBRUARY 2009
PLACE: SYDNEY
REASONS FOR JUDGMENT 1 Before the Court is an application for an extension of time to file and serve a Notice of Appeal from a decision of Federal Magistrate Lloyd-Jones delivered on 15 August 2008 which dismissed an application for judicial review of a decision of the Refugee Review Tribunal ('the Tribunal') handed down on 16 October 2007. The Tribunal's decision affirmed a decision of a delegate of the Minister for Immigration and Citizenship ('the Minister') to refuse to grant a Protection (Class XA) visa ('protection visa') to the applicant.
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