SZCNY v Minister for Immigration

[2007] FMCA 1196

FEDERAL MAGISTRATES COURT OF AUSTRALIA

SZCNY v MINISTER FOR IMMIGRATION & ANOR [2007] FMCA 1196

MIGRATION – Application filed out of time – application for extension made out of time – no jurisdiction to extend time for filing.

Migration Act 1958 (Cth), s.477
Federal Magistrates Court Rules, r.44.12(1)(a)

Applicant: SZCNY

First Respondent: MINISTER FOR IMMIGRATION & CITIZENSHIP

Second Respondent: REFUGEE REVIEW TRIBUNAL

File number: SYG 1560 of 2007

Judgment of: Turner FM

Hearing date: 7 June 2007

Date of last submission: 7 June 2007

Delivered at: Sydney

Delivered on: 7 June 2007

REPRESENTATION

The Applicant appeared in person

Solicitors for the Respondents: Ms B. Griffin of Australian Government Solicitor

ORDERS

1. The application is dismissed pursuant to Rule 44.12(1)(a).

2. The applicant is to pay the costs of the first respondent fixed in the sum of $1000.

FEDERAL MAGISTRATES
COURT OF AUSTRALIA AT
SYDNEY

SYG 1560 of 2007

SZCNY

Applicant

And

MINISTER FOR IMMIGRATION & CITIZENSHIP

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

REASONS FOR JUDGMENT

1. This application was filed on 17 May 2007. In that application, the applicant states that notification of the decision was received by the applicant on 2 January 2004. 

2. An application for extension of time was made on 17 May 2007. That application is outside the times prescribed in s.477 of the Migration Act1958 (Cth).

3. The Court does not have jurisdiction to extend the time for filing this application. The application is incompetent and is dismissed under rule 44.12(1)(a) of the Federal Magistrate Court Rules 2001.

I certify that the preceding three (3) paragraphs are a true copy of the reasons for judgment of Turner FM

Acting Associate: Mary Giang

Date: 23 June 2007