Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZLIH v Minister for Immigration and Citizenship [2009] FCA 108
SZLIH and SZLII v MINISTER FOR IMMIGRATION AND CITIZENSHIP and REFUGEE REVIEW TRIBUNAL
NSD 1351 of 2008
COWDROY J
17 FEBRUARY 2009
SYDNEY IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 1351 of 2008
BETWEEN: SZLIH
First Applicant
SZLII
Second Applicant
AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE: COWDROY J
DATE OF ORDER: 17 FEBRUARY 2009
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. The Notice of Motion filed on 29 January 2009 be dismissed. 2. The Applicants pay the costs of the First Respondent. 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 1351 of 2008
BETWEEN: SZLIH
First Applicant
SZLII
Second Applicant
AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE: COWDROY J
DATE: 17 FEBRUARY 2009
PLACE: SYDNEY
REASONS FOR JUDGMENT 1 Before the Court is a Notice of Motion to vacate orders made by the Court on 21 November 2008. By such orders, the Court dismissed, for want of appearance, the applicant's Application for an Extension of Time to File and serve a Notice of Appeal from a decision of Federal Magistrate Lloyd-Jones delivered on 14 July 2008. 2 The decision of Lloyd Jones FM dismissed an application for judicial review of a decision of the Refugee Review Tribunal ('the Tribunal') handed down on 23 August 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 to the applicants. 3 The applicants did not file their appeal from the decision of Lloyd Jones FM within the time prescribed by the Federal Court Rules ('the Rules'). Accordingly it was necessary for them to make the application for extension of time to this Court. 4 The hearing of the application for extension of time was fixed for 21 November 2008. On that day the applicants failed to appear and were in default under O 35A r 2of the Federal the Rules'. As a result, the Court ordered that the application be struck out pursuant to O 35A r 3 and ordered the applicants to pay the respondents' costs in the sum of $1,500.00 ('the orders'). 5 By Notice of Motion filed on 29 January 2009 the applicants seek the following orders: 1. Order made by Cowdroy J on 21 November 2008 be vacated.
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