Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZMLL v Minister for Immigration and Citizenship [2009] FCA 127
SZMLL v MINISTER FOR IMMIGRATION AND CITIZENSHIP and REFUGEE REVIEW TRIBUNAL
NSD 1801 OF 2008
SIOPIS J
20 FEBRUARY 2009
SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 1801 OF 2008
BETWEEN: SZMLL
Applicant
AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE: SIOPIS J
DATE OF ORDER: 20 FEBRUARY 2009
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. The application for extension of time within which to file and serve a notice of appeal is dismissed. 2. The appellant pay the first respondent's costs to be taxed or agreed. 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 1801 OF 2008
BETWEEN: SZMLL
Applicant
AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE: SIOPIS J
DATE: 20 FEBRUARY 2009
PLACE: SYDNEY
REASONS FOR JUDGMENT 1 This is an application for an extension of time to file and serve a notice of appeal from a decision of a Federal Magistrate of 8 October 2008 dismissing an application for judicial review of a decision of the Refugee Review Tribunal (the Tribunal) handed down on 27 May 2008. The Tribunal had affirmed the decision of a delegate of the Minister for Immigration and Citizenship to refuse to grant a protection visa to the applicant.
BACKGROUND 2 The applicant is a citizen of Pakistan who arrived in Australia on 2 November 2007. On 14 December 2007, the applicant lodged an application for a protection visa with the Department of Immigration and Citizenship (the Department). A delegate of the first respondent refused the application for a protection visa on 30 January 2008. On 20 February 2008, the applicant applied to the Tribunal for a review of that decision. 3 In his application for a protection visa, the applicant claimed that in 2007 he had been visiting friends in a part of Pakistan and was asked to go and meet a man called Mula who was the leader of an Islamic fundamentalist group who was recruiting young men by force to be his supporters. The applicant did not wish to be a supporter of this man as he was not a fundamentalist, and considered the group to be very dangerous. He refused to join the group and ran away to Rawalpindi. The applicant claimed that by reason of the refusal to join the fundamentalist group, his life was in danger and that the Pakistani government could not protect him.
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