FEDERAL MAGISTRATES COURT OF AUSTRALIA
| SZCEQ v MINISTER FOR IMMIGRATION | [2005] FMCA 1141 |
| MIGRATION – Refugee – application for reinstatement of matter pursuant to rule 16.05(2)(a). |
| Migration Act 1958, ss.91X, 424A(3)(a), 422B Federal Magistrates Court Rules 2001. Rules 9.03, 16.05(2)(a), 13.03A(c) |
| Applicant: | SZCEQ |
| Respondent: | MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS |
| File Number: | SZ 2761 of 2003 |
| Judgment of: | Nicholls FM |
| Hearing date: | 15 July 2005 |
| Date of Last Submission: | 12 July 2005 |
| Delivered at: | Sydney |
| Delivered on: | 15 July 2005 |
REPRESENTATION
| Counsel for the Applicant: | Mr. Kumar |
| Solicitors for the Applicant: | Bharati Solicitors |
| Counsel for the Respondent: | Mr. Z. Chami |
| Solicitors for the Respondent: | Clayton Utz |
ORDERS
The application to set aside the orders made on 21 September 2004 is dismissed.
The applicant to pay the respondent’s costs set in the amount of $1250 pursuant to rule 21.02(2)(a) of the Federal Magistrates Court Rules 2001.
Pursuant to s.91X of the Migration Act that there be no publication of the applicant's name.
| FEDERAL MAGISTRATES COURT OF AUSTRALIA AT SYDNEY |
SZ 2761 of 2003
| SZCEQ |
Applicant
And
| MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS |
Respondent
REASONS FOR JUDGMENT
(Revised from Transcript)
This is an application filed by the applicant on 29 November 2004 seeking that the orders made by me on 21 September 2004 be set aside pursuant to rule 16.05(2)(a) of the Federal Magistrates Court Rules 2001 (“Federal Magistrates Court Rules”).
By way of background information, the applicant arrived in Australia on 9 September 2001. On 12 October 2001 he applied for a protection visa on the basis of his religion and imputed political opinion. On 12 June 2002 the application for a protection visa was refused by a delegate of the Minister. The applicant applied for review of this decision on 11 July 2002. On 20 October 2003 the Tribunal affirmed the decision of the delegate to refuse the grant of a protection visa. On 15 December 2003 the applicant filed an application with the Federal Magistrates Court for review of the Tribunal decision. The Federal Magistrates Court then listed this matter for final hearing on 21 September 2004.
On 21 September 2004, as a result of the non-appearance of the applicant, I made an order pursuant to rule 13.03A(c) of the Federal Magistrates Court Rules, dismissing the application for review of the Refugee Review Tribunal (“the Tribunal”) decision handed down on 14 November 2003, affirming a decision of a delegate of the respondent Minister to refuse to grant the applicant a protection visa. On…
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- Case
- [2005] FMCA 1141
- Decision Date
CaseChat Overview and Summary
Orders
Orders of the court
1.
The application to set aside the orders made on 21 September 2004 is dismissed.
2.
The applicant to pay the respondent’s costs set in the amount of $1250 pursuant to rule 21.02(2)(a) of the
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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