SVNB v Minister for Immigration and Multicultural and Indigenous Affairs

[2005] FCAFC 87

FEDERAL COURT OF AUSTRALIA

SVNB v Minister for Immigration & Multicultural & Indigenous Affairs
[2005] FCAFC 87

SVNB v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

S 283 OF 2004

MARSHALL, MANSFIELD AND STONE JJ
18 MAY 2005
ADELAIDE

IN THE FEDERAL COURT OF AUSTRALIA
ADELAIDE DISTRICT REGISTRY	S 283 OF 2004

BETWEEN:

SVNB
APPLICANT

AND:

MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
FIRST RESPONDENT

PETER KATSAMBANIS, MEMBER REFUGEE REVIEW TRIBUNAL
SECOND RESPONDENT

PRINCIPAL MEMBER, REFUGEE REVIEW TRIBUNAL
THIRD RESPONDENT

JUDGES:

MARSHALL, MANSFIELD AND STONE JJ

DATE OF ORDER:

18 MAY 2005

WHERE MADE:

ADELAIDE

THE COURT ORDERS THAT:

1.   The application for an extension of time within which to file and serve a notice of appeal is dismissed.

2.   The applicant pay the respondent’s costs of the application.

Note:    Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA
ADELAIDE DISTRICT REGISTRY	S 283 OF 2004

BETWEEN:

SVNB
APPLICANT

AND:

MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
FIRST RESPONDENT

PETER KATSAMBANIS, MEMBER REFUGEE REVIEW TRIBUNAL
SECOND RESPONDENT

PRINCIPAL MEMBER, REFUGEE REVIEW TRIBUNAL
THIRD RESPONDENT

JUDGES:	MARSHALL, MANSFIELD AND STONE JJ
DATE:	18 MAY 2005
PLACE:	ADELAIDE

REASONS FOR JUDGMENT

THE COURT

1. Today the Court published its reasons for judgment in SVMB v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCAFC 86. The applicant in this matter is the husband of the applicant in SVMB. Counsel for the parties in this matter accepted that the circumstances of this proceeding are indistinguishable from those in SVNB. Consequently the Court will make the same orders in this application as it did in SVMB for the reasons set out in that judgment.

I certify that the preceding one (1) numbered paragraph is a true copy of the Reasons for Judgment herein of the Honourable Justices Marshall, Mansfield and Stone.

Associate:

Dated:             18 May 2005

Counsel for the Applicant:	Mr S Ower
Solicitor for the Applicant:	Winters
Counsel for the Respondents:	Ms S Maharaj
Solicitor for the Respondents:	Sparke Helmore
Date of Hearing:	18 May 2005
Date of Judgment:	18 May 2005