Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZNHN v Minister for Immigration and Citizenship [2009] FCA 1237
MIGRATION – application for extension of time to appeal Federal Magistrate's decision – no prospect of success on an appeal – application dismissed Federal Court Rules 1979 (Cth), O 52 r 15(1) Jess v Scott (1986) 12 FCR 187 SZMNO v Minister for Immigration and Citizenship [2009] FCA 797 SZNHN v Minister for Immigration and Citizenship [2009] FMCA 702 SZNHN v MINISTER FOR IMMIGRATION AND CITIZENSHIP and REFUGEE REVIEW TRIBUNAL
NSD 857 of 2009
BARKER J
2 NOVEMBER 2009
SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
GENERAL DIVISION NSD 857 of 2009
BETWEEN: SZNHN
Applicant
AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE: BARKER J
DATE OF ORDER: 2 NOVEMBER 2009
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. The application for leave to appeal be dismissed. 2. The applicant to pay the first respondent's costs fixed in the sum of $1571.00.
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
GENERAL DIVISION NSD 857 of 2009
BETWEEN: SZNHN
Applicant
AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE: BARKER J
DATE: 2 NOVEMBER 2009
PLACE: SYDNEY
REASONS FOR JUDGMENT
application for leave to appeal 1 By way of an application filed 11 August 2009, the applicant seeks leave to file and serve a Notice of Appeal outside the time limits prescribed by Order 52 Rule 15(1) of the Federal Court Rules 1979. 2 The draft Notice of Appeal seeks to challenge the orders and judgment of a Federal Magistrate given 15 July 2009 (see SZNHN v Minister for Immigration and Citizenship [2009] FMCA 702), dismissing an application for judicial review of a decision of the Refugee Review Tribunal (Tribunal) made on 2 February 2009. The decision of the Tribunal affirmed a decision of a delegate of the first respondent (the Minister) to refuse to grant the applicant a protection visa. 3 The Minister opposes that application for reason of futility on the basis that no error in the reasons for judgment of the Federal Magistrate has been identified and there is no other ground of appeal with any apparent prospect of success.
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