SZDQG v Minister for Immigration

[2004] FMCA 825

FEDERAL MAGISTRATES COURT OF AUSTRALIA

SZDQG v MINISTER FOR IMMIGRATION & ANOR [2004] FMCA 825

MIGRATION – Visa – protection visa – Refugee Review Tribunal – application for review of a decision of the Refugee Review Tribunal affirming a decision of the delegate not to grant a protection visa – where application settled before the final hearing date.

Judiciary Act 1903 (Cth), s.39B
Administrative Decisions (Judicial Review) Act 1977 (Cth), s.5
Federal Magistrates Court Rules 2001, r.13.04

Applicant: SZDQG

First Respondent: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

Second Respondent: DINOO KELLEGHAN

File No: SYG 1538 of 2004

Delivered on: 15 November 2004

Delivered at: Sydney

Hearing date: 10 November 2004

Judgment of: Scarlett FM

REPRESENTATION

Solicitors for the Applicant: Michael Jones

Solicitors for the Respondent: Australian Government Solicitor

ORDERS

1. That the Application be dismissed pursuant to Rule 13.04(3) of the Federal Magistrates Court Rules.

2. That the Applicant pay the Respondent’s costs in the amount of $2,000.00

FEDERAL MAGISTRATES
COURT OF AUSTRALIA AT
SYDNEY

SYG1538 of 2004

SZDQG

Applicant

And

MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

First Respondent

DINOO KELLEGHAN

Second Respondent

REASONS FOR JUDGMENT

1. This is an application for review of a decision of the Refugee Review Tribunal made on 22^nd May 1998. The Tribunal affirmed a decision of the delegate of the Minister not to grant the applicant a protection visa.

2. The Applicant filed his application on 25^th May 2004. The application has been listed for hearing before me at 2.15 p.m. on Wednesday 24^th November 2004.

3. The Applicant and the Respondent have entered into consent orders so that the application will be dismissed. They have agreed on an amount of $2,000.00 for the Respondent’s costs. I have received the Short Minute of Orders signed by the parties’ solicitors and I am satisfied that I should make those orders by consent pursuant to Rule 13.04(3) of the Rules.

4. By consent, the application is dismissed and the Applicant is to pay the Respondent’s costs in the amount of $2,000.00. I vacate the hearing date of 24^th November 2004. I remove the application from the list of cases awaiting finalisation.  

I certify that the preceding four (4) paragraphs are a true copy of the reasons for judgment of Scarlett FM

Associate: A. Coutman

Date:  16 November 2004