FEDERAL COURT OF AUSTRALIA

 

SZBNJ v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 1387

CORRIGENDUM


SZBNJ V MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

 

N473 OF 2005

 

BENNETT J

14 SEPTEMBER 2005 (Corrigendum dated 28 September 2005)

SYDNEY




IN THE FEDERAL COURT OF AUSTRALIA

 

NEW SOUTH WALESDISTRICT REGISTRY

NSD 473 OF 2005

 

BETWEEN:

SZBNJ

APPELLANT

 

AND:

MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

FIRST RESPONDENT

 

 

REFUGEE REVIEW TRIBUNAL

SECOND RESPONDENT

 

JUDGE:

BENNETT J

DATE OF ORDER:

14 SEPTEMBER 2005

WHERE MADE:

SYDNEY

 

THE COURT ORDERS THAT:

 

1.      the Refugee Review Tribunal be joined as a second respondent to these proceedings.

2.      the appeal be dismissed

3.      the appellant pay the respondent’s costs.


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 WALESDISTRICT REGISTRY

NSD 473 OF 2005

 

BETWEEN:

SZBNJ

APPELLANT

 

AND:

MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

FIRST RESPONDENT

 

 

REFUGEE REVIEW TRIBUNAL

SECOND RESPONDENT

 

JUDGE:

BENNETT J

DATE:

14 SEPTEMBER 2005

PLACE:

SYDNEY


CORRIGENDUM

            Amendment to the Reasons for Judgment of Bennett J published 14 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 four of the Judgment should read: “In his application to the Tribunal the appellant referred to his departmental file number and inserted that number.  He also said, as part of the grounds of appeal that he had a well-founded fear of persecution ‘based on my documents forwarded with my [visa] application.’  Those documents therefore came within section 424A(3)(b) of the Act as documents that the appellant gave to the Tribunal for the purpose of his application to the Tribunal.”

 

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

 

SZBNJ v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 1387

CORRIGENDUM


SZBNJ V MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

 

N473 OF 2005

 

BENNETT J

14 SEPTEMBER 2005 (Corrigendum dated 30 September 2005)

SYDNEY


IN THE FEDERAL COURT OF AUSTRALIA

 

NEW SOUTH WALES DISTRICT REGISTRY

NSD 473 OF 2005

 

BETWEEN:

SZBNJ

APPELLANT

 

AND:

MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

FIRST RESPONDENT

 

 

REFUGEE REVIEW TRIBUNAL

SECOND RESPONDENT

 

JUDGE:

BENNETT J

DATE:

14 SEPTEMBER 2005

PLACE:

SYDNEY


CORRIGENDUM

            Amendment to the Reasons for Judgment of Bennett J published 14 September 2005:

1                     On the front page of the Judgment insert:

‘MIGRATION - appellant did not attend Tribunal hearing – in application to the Tribunal the appellant referred to departmental file number and documents forwarded with visa application - SAAP and Al Shamry not relevant


 

 

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’

 

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