Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZMTJ v Minister for Immigration and Citizenship [2009] FCA 175
MIGRATION – breach of s 91R(3) – relief refused in the exercise of discretion – Order for referral to pro bono counsel – interests of the administration of justice
Federal Court Rules 1979 (Cth) O 80 r 4, 5 Migration Act 1958 (Cth) s 91R(3)
SZGBI v Minister for Immigration and Citizenship [2008] FCA 599, cited SZIQB v Minister for Immigration and Citizenship [2008] FCAFC 20, cited SZIZO v Minister for Immigration and Citizenship [2008] FCAFC 122, 102 ALD 54, cited SZKGF v Minister for Immigration and Citizenship [2008] FCAFC 84, cited SZMTJ v Minister for Immigration and Citizenship [2009] FMCA 19, cited Taylor v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 319, cited SZMTJ v MINISTER FOR IMMIGRATION AND CITIZENSHIP AND ANOR
NSD 113 of 2009
Flick J
27 February 2009
SYDNEY IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 113 of 2009
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: SZMTJ
Appellant
AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE: FLICK J
DATE OF ORDER: 27 FEBRUARY 2009
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. The Appellant be referred to the Registrar for referral to a legal practitioner pursuant to Order 80 rule 4(1) of the Federal Court Rules 1979 (Cth). 2. Pursuant to Order 80 rule 5, the referral be for the provision of assistance being representation generally in the conduct of the proceeding within the meaning of Rule 5(d). 3. The Appellant to file and serve any Amended Notice of Appeal, together with an Outline of Submissions, on or before Wednesday 25 March 2009. 4. The First Respondent to provide any further Outline of Submissions on or before midday on Friday 27 March 2009. 5. Liberty to apply on two days' notice in writing. 6. The proceeding be stood over for the hearing of the Appeal on Monday 30 March 2009 at 10.15 am. 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.
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