Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZMTM v Minister for Immigration and Citizenship [2009] FCA 181
Federal Court of Australia Act 1976 (Cth), s 24(1A) Migration Act 1958 (Cth), s 424A, s 425 Federal Magistrates Court Rules 2001, r 44.12
SZMTM v Minister for Immigration and Anor [2008] FMCA 1642 affirmed Decor Corporation Pty Ltd v Dart Industries Inc (1991) 33 FCR 397 followed and applied SZMTM v MINISTER FOR IMMIGRATION AND CITIZENSHIP and REFUGEE REVIEW TRIBUNAL
NSD 1978 of 2008
FOSTER J
27 FEBRUARY 2009
SYDNEY IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 1978 of 2008
BETWEEN: SZMTM
Applicant
AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE: FOSTER J
DATE OF ORDER: 27 FEBRUARY 2009
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 of and incidental to the Application. 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 Federal Law Search on the Court's website. IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 1978 of 2008
BETWEEN: SZMTM
Applicant
AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE: FOSTER J
DATE: 27 FEBRUARY 2009
PLACE: SYDNEY
REASONS FOR JUDGMENT 1 There is before me an Application for Leave to Appeal from a judgment of a Federal Magistrate delivered on 8 December 2008 (SZMTM v Minister for Immigration and Anor [2008] FMCA 1642) in which the Federal Magistrate dismissed with costs an application for judicial review of a decision made by the second respondent, the Refugee Review Tribunal (the Tribunal) handed down on 19 August 2008. The Tribunal's decision affirmed a decision of a delegate of the first respondent (the Minister) dated 14 April 2008 not to grant a protection visa to the applicant. 2 On 4 November 2008 Driver FM ordered that the applicant's application for judicial review be listed for a preliminary hearing under r 44.12 of the Federal Magistrates Court Rules 2001 (the FMC Rules). That hearing took place on 8 December 2008. On that day the learned Federal Magistrate dismissed the application pursuant to r 44.12(1)(a) of the FMC Rules. The effect of that order was that the decision of the Tribunal was affirmed. 3 Rule 44.12 of the FMC Rules is in the following terms: 44.12 Show cause hearing
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