FEDERAL COURT OF AUSTRALIA
SZEGS v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 1385
CORRIGENDUM
SZEGS V MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
N398 OF 2005
BENNETT J
15 SEPTEMBER 2005 (Corrigendum dated 28 September 2005)
SYDNEY
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IN THE FEDERAL COURT OF AUSTRALIA |
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NEW SOUTH WALESDISTRICT REGISTRY |
NSD 398 OF 2005 |
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BETWEEN: |
SZEGS APPELLANT
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AND: |
MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS FIRST RESPONDENT
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REFUGEE REVIEW TRIBUNAL SECOND RESPONDENT |
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JUDGE: |
BENNETT J |
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DATE: |
15 SEPTEMBER 2005 |
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PLACE: |
CORRIGENDUM
Amendment to the Reasons for Judgment of Bennett J published 15 September 2005:
1 On the order page of the Judgment insert: "1. The Refugee Review Tribunal be joined as a second respondent to these proceedings.”
2 Paragraph thirteen of the Judgment should read:
“Ground 6: 'The Judge did not accept any of my argument at the Federal Magistrates Court and could not accept any of argument about the jurisdictional error with the [Tribunal].'
Without further particulars it is hard to see how this ground amounts to more than a complaint that his case before the Federal Magistrate was unsuccessful. No error has been shown on the part of the Federal Magistrate. At [14] to [18] of his decision, Smith FM indicated that the matters raised by the appellant at the hearing comprised an unsubstantiated allegation about a request for an adjournment of the Tribunal hearing and explanations which the appellant might have given had he attended that Tribunal hearing. This did not constitute a basis for jurisdictional error on the part of the Tribunal and his Honour noted that the appellant had no further oral submissions to present. This ground has not been established.”
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I certify that the preceding two (2) numbered paragraphs are a true copy of the Corrigendum herein of the Honourable Justice Bennett. |
Associate:
Dated: 28 September 2005
FEDERAL COURT OF AUSTRALIA
SZEGS v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 1385
CORRIGENDUM
SZEGS V MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
N398 OF 2005
BENNETT J
15 SEPTEMBER 2005 (Corrigendum dated 30 September 2005)
SYDNEY
|
IN THE FEDERAL COURT OF AUSTRALIA |
|
|
NEW SOUTH WALES DISTRICT REGISTRY |
NSD 398 OF 2005 |
|
BETWEEN: |
SZEGS APPELLANT
|
|
AND: |
MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS FIRST RESPONDENT
|
|
|
REFUGEE REVIEW TRIBUNAL SECOND RESPONDENT |
|
JUDGE: |
BENNETT J |
|
DATE: |
15 SEPTEMBER 2005 |
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PLACE: |
SYDNEY |
CORRIGENDUM
Amendment to the Reasons for Judgment of Bennett J published 15 September 2005:
1 On the front page of the Judgment insert:
‘MIGRATION - no attendance at Tribunal hearing – matters referred to by Tribunal mirror matters asserted by appellant in application to Tribunal - SAAP and Al Shamry have no application
Al Shamry v Minister for Immigration and Multicultural and Indigenous Affairs (2001) 110 FCR 27
SAAP v Minister for Immigration and Multicultural and Indigenous Affairs (2005) 215 ALR 162’
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I certify that the preceding one (1) numbered paragraphs are a true copy of the Corrigendum herein of the Honourable Justice Bennett. |
Associate:
Dated: 30 September 2005
