Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZJFC v Minister for Immigration and Citizenship [2009] FCA 1322
SZJFC v MINISTER FOR IMMIGRATION AND CITIZENSHIP and REFUGEE REVIEW TRIBUNAL
NSD 342 of 2009
RARES J
2 NOVEMBER 2009
SYDNEY IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
general division NSD 342 of 2009
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA BETWEEN: SZJFC
Applicant
AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE: RARES J
DATE OF ORDER: 2 NOVEMBER 2009
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. The application is dismissed. 2. The applicant pay the first respondent's costs. 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 342 of 2009
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA BETWEEN: SZJFC
Applicant
AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE: RARES J
DATE: 2 NOVEMBER 2009
PLACE: SYDNEY
REASONS FOR JUDGMENT (REVISED FROM THE TRANSCRIPT) 1 This is an application for an extension of time in which to file a notice of appeal from a decision of the Federal Magistrates Court. On 23 March 2009 that Court dismissed an application for constitutional writ relief challenging a decision of the Refugee Review Tribunal that had affirmed the decision of a delegate of the Minister not to grant the applicant a protection visa: SZJFC v Minister for Immigration [2009] FMCA 268. 2 The applicant filed the application for leave to appeal on 24 April 2009, having sworn an affidavit in support of it on 17 April 2009. The Minister accepts that he is not able to demonstrate any prejudice arising from the short delay between the 21 days in which the applicant could have filed an appeal as of right and the time at which he commenced these proceedings. However, the Minister notes that the applicant has not provided any substantial explanation for his delay. But more particularly, he has not articulated any intelligible basis to suggest that, if the application were granted, the proposed appeal would enjoy any reasonable prospect of success.
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