Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZQUB v Minister for Immigration and Citizenship [2012] FCA 471 Citation: SZQUB v Minister for Immigration and Citizenship [2012] FCA 471
Appeal from: SZQUB & Ors v Minister for Immigration & Citizenship & Anor [2012] FMCA 74
Parties: SZQUB, SZQUC and SZQUD v MINISTER FOR IMMIGRATION AND CITIZENSHIP and REFUGEE REVIEW TRIBUNAL
File number: NSD 338 of 2012
Judge: KATZMANN J
Date of judgment: 10 May 2012
Catchwords: MIGRATION – Application for extension of time and leave to appeal – federal magistrate dismissed an application to set aside orders made in the absence of the applicants – whether judgment attended with sufficient doubt to warrant its reconsideration – whether jurisdictional error in decision of Refugee Review Tribunal – issue sought to be argued on appeal not raised in court below
Legislation: Federal Court of Australia Act 1976 (Cth) ss 24(1A), 37M Federal Court Rules 2011 (Cth) rr 35.13, 35.14 Federal Magistrates Court Rules 2001 (Cth) rr 1.03, 13.03C(1)(c), 16.05(2)(a), Migration Act 1958 (Cth) ss 36(2), 91R, 417, 474, 476(1)
Cases cited: Bienstein v Bienstein (2003) 195 ALR 225 Branir Pty Ltd v Owston Nominees (No. 2) Pty Ltd (2001) 117 FCR 424 Craig v South Australia (1995) 184 CLR 163 Décor Corporation Pty Ltd v Dart Industries Inc (1991) 33 FCR 397 Dickson v Whiddett [2001] FCA 585 House v The King (1936) 55 CLR 499 Hunter Valley Developments Pty Ltd v Cohen (1984) 3 FCR 344 Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 Plaintiff S157/2002 v The Commonwealth of Australia (2003) 211 CLR 476 Rezaei v Minister for Immigration and Multicultural Affairs [2001] FCA 1294 Seiler v Minister for Immigration, Local Government and Ethnic Affairs (1994) 48 FCR 83 SXRB v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 1222 SZGPK v Minister for Immigration and Citizenship [2009] FCA 953 SZIDH v Minister for Immigration and Citizenship [2007] FCA 369 SZIGH v Minister for Immigration and Citizenship [2008] FCA 1885 SZOVB v Minister for Immigration and Multicultural and Indigenous Affairs (2011) 125 ALD 38 VAUX v Minister for Immigration [2004] FCAFC 158 Yusuf v Minister for Immigration and Multicultural Affairs (2001) 206 CLR 323 Date of hearing: 2 May 2012
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