Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZNOZ v Minister for Immigration and Citizenship [2010] FCA 269 Citation: SZNOZ v Minister for Immigration and Citizenship [2010] FCA 269
Appeal from: SZNOZ v Minister for Immigration (No 2) [2009] FMCA 929
Parties: SZNOZ v MINISTER FOR IMMIGRATION AND CITIZENSHIP and REFUGEE REVIEW TRIBUNAL
File number: NSD 1145 of 2009
Judge: LANDER J
Date of judgment: 25 March 2010
Catchwords: MIGRATION – judicial review of a decision to refuse the grant of a Protection visa given some 19 years ago – time for review is within 28 days of being served with the decision – whether the appellant was served – regs 35 and 173 of the Migration Regulations 1994 (Cth) – the Refugee Review Tribunal had no jurisdiction to review out of time – s 412 of the Migration Act 1958 (Cth)
Legislation: Evidence Act 1995 (Cth) s 163 Migration Act 1958 (Cth) s 412 Migration Regulations 1994 (Cth) regs 35, 169, 173
Cases cited: House v R (1936) 55 CLR 499 cited S115/00A v Minister for Immigration and Multicultural Affairs (2001) 180 ALR 561 cited Stead v State Government Insurance Commission (1986) 161 CLR 141 cited SZNOZ v Minister for Immigration & Anor (No 2) [2009] FMCA 929 cited
Date of hearing: 23 November 2009, 1 March 2010
Place: Adelaide (Videolink to Sydney)
Division: GENERAL DIVISION
Category: Catchwords
Number of paragraphs: 53
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