SZIAU v Minister for Immigration and Multicultural Affairs

[2007] FCA 899

FEDERAL COURT OF AUSTRALIA

SZIAU v Minister for Immigration and Multicultural Affairs [2007] FCA 899

SZIAU v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS AND REFUGEE REVIEW TRIBUNAL
NSD 1306 OF 2006

ALLSOP J
15 JUNE 2007
SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	NSD 1306 OF 2006

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN:

SZIAU
Appellant

AND:

MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
First Respondent

REFUGEE REVIEW TRIBUNAL
Second Respondent

JUDGE:	ALLSOP J
DATE OF ORDER:	15 JUNE 2007
WHERE MADE:	SYDNEY

THE COURT ORDERS THAT:

1.The notice of appeal filed on 6 July 2006 be treated as an application for leave to appeal from the orders of the Federal Magistrates Court made on 22 June 2006.

2.Time be extended for the filing and serving of such application for leave to appeal up to and including 6 July 2006.

3.The said application for leave to appeal be dismissed.

4.The appellant to the notice of appeal being the applicant to the said application for leave to appeal pay the first respondent’s costs of the appeal treated as said application.

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

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	NSD 1306 OF 2006

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN:

SZIAU
Appellant

AND:

MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
First Respondent

REFUGEE REVIEW TRIBUNAL
Second Respondent

JUDGE:	ALLSOP J
DATE:	15 JUNE 2007
PLACE:	SYDNEY

REASONS FOR JUDGMENT

1. This proceeding was commenced by the filing of a notice of appeal against the orders of the Federal Magistrates Court made on 22 June 2006.  For the reasons given below, the appeal is incompetent, given that leave was required.  The matter was treated by the Minister as an application for leave to appeal, an application for an extension of time and as a substantive appeal.

2. The proceeding was called on for hearing before me on Friday 2 March 2007.  During the days before 2 March 2007, the appellant had made an application for an adjournment based on a medical certificate indicating some back problems.  I refused this informal application made without proper notice.  On 2 March 2007, I gave reasons for that refusal.  The appellant renewed his application for an adjournment on 2 March 2007.  With the assistance of an interpreter he agreed to his substantive application being dealt with on the papers.  I gave the parties an opportunity to file further written submissions which both parties took up.

3. The application for review before the Federal Magistrates Court was in respect of a decision of the Refugee Review Tribunal (the “Tribunal”) made on 28 November 2005 and handed down on 15 December 2005, affirming a decision of the delegate of the Minister not to grant a protection visa.

4. On 19 October 2005, the Tribunal wrote to the appellant advising him that, on the material before it relating to his application, the Tribunal was unable…