Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZTOV v Minister for Immigration and Border Protection [2014] FCA 942 Citation: SZTOV v Minister for Immigration and Border Protection [2014] FCA 942
Appeal from: Application for an extension of time and leave to appeal: SZTOV v Minister for Immigration and Border Protection (No 1) [2014] FCCA 708; and SZTOV v Minister for Immigration and Border Protection (No 2) [2014] FCCA 735
Parties: SZTOV v MINISTER FOR IMMIGRATION AND BORDER PROTECTION and REFUGEE REVIEW TRIBUNAL
File number: NSD 466 of 2014
Judge: FLICK J
Date of judgment: 2 September 2014
Catchwords: MIGRATION – real chance of persecution – no failure to assess future risk of persecution – systematic conduct PRACTICE AND PROCEDURE – interlocutory decisions – refusal of adjournment – dismissal of proceeding on show cause application – application for extension of time and leave to appeal
Legislation: Migration Act 1958 (Cth) ss 91R, 424A, 424AA Federal Court of Australia Act 1976 (Cth) s 24 Federal Court Rules 2011 (Cth) rr 35.13, 35.14 Federal Circuit Court Rules 2001 (Cth) r 44.12
Cases cited: ACE Insurance Ltd v Trifunovski [2012] FCA 235, (2012) 291 ALR 46 Blazevski v Judges of the District Court of New South Wales (1992) 29 ALD 197 Cash's (Australia) Ptd Ltd v Foster's Australia Ltd [2013] FCA 695 Chan v Minister for Immigration and Ethnic Affairs (1989) 169 CLR 379 Food Channel Network Pty Ltd v Television Food Network, G.P [2009] FCA 1446 Jackamarra v Kraouer [1998] HCA 27, (1988) 195 CLR 516 Khondoker v Minister for Immigration and Citizenship [2012] FCA 654 Marketing Advisory Services v Football Tasmania Ltd [2002] FCAFC 165, (2002) 42 ACSR 128 Minister for Immigration and Border Protection v Singh [2014] FCAFC, (2014) 308 ALR 280 Minister for Immigration and Multicultural Affairs v Bhardwaj [2002] HCA 11, (2002) 209 CLR 597 Nyoni v Chee Koon Hee (No 2) [2014] FCA 83 Papas v Westpac Banking Corporation [2014] FCA 290 Petroulias v Commissioner of Taxation [2011] FCA 795, (2011) 84 ATR 110 Rawson Finances Pty Limited v Commissioner of Taxation [2010] FCAFC 139, (2010) 81 ATR 36 Squire v Rogers (1979) 39 FLR 106 SZRBN v Minister for Immigration and Citizenship [2012] FCA 984 SZSKO v Minister for Immigration and Border Protection [2014] FCA 105 SZTKB v Minister for Immigration and Border Protection [2014] FCA 653 SZTOV v Minister for Immigration & Border Protection (No 1) [2014] FCCA 708 SZTOV v Minister for Immigration & Border Protection (No 2) [2014] FCCA 735 Vatti v Minister for Immigration and Border Protection [2014] FCA 893 Warrell v Fair Work Australia [2012] FCA 267
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