FEDERAL COURT OF AUSTRALIA
SZLYY v Minister for Immigration and Citizenship [2008] FCA 1824
NSD 1340 of 2008
MOORE J
14 NOVEMBER 2008
SYDNEY
|
IN THE FEDERAL COURT OF AUSTRALIA |
|
|
NEW SOUTH WALES DISTRICT REGISTRY |
NSD 1340 of 2008 |
|
BETWEEN: |
SZLYY First Applicant
SZLYZ Second Applicant
SZLZA Third Applicant
SZLZB Fourth Applicant
SZLZC Fifth Applicant
SZLZD Sixth Applicant
|
|
AND: |
MINISTER FOR IMMIGRATION AND CITIZENSHIP First Respondent
REFUGEE REVIEW TRIBUNAL Second Respondent
|
|
MOORE J |
|
|
DATE OF ORDER: |
14 NOVEMBER 2008 |
|
WHERE MADE: |
SYDNEY |
THE COURT ORDERS THAT:
1. The application for an extension of time in which to file and serve a notice of appeal be dismissed with costs, fixed in the sum of $1,500.
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 1340 of 2008 |
|
BETWEEN: |
SZLYY First Applicant
SZLYZ Second Applicant
SZLZA Third Applicant
SZLZB Fourth Applicant
SZLZC Fifth Applicant
SZLZD Sixth Applicant
|
|
AND: |
MINISTER FOR IMMIGRATION AND CITIZENSHIP First Respondent
REFUGEE REVIEW TRIBUNAL Second Respondent
|
|
JUDGE: |
MOORE J |
|
DATE: |
14 NOVEMBER 2008 |
|
PLACE: |
SYDNEY |
REASONS FOR JUDGMENT
1 This is an application for an extension of time in which to file and serve a notice of appeal against the judgment of a Federal Magistrate of 13 July 2008: SZLYY & Ors v Minister for Immigration & Anor[2008] FMCA 1121. The Federal Magistrate dismissed an application for judicial review of a decision of the Refugee Review Tribunal of 18 December 2007. The applicant is a national of India and claimed that were he to return to India, he would be targeted by local Hindus, who would expose him to a risk of harm of the type contemplated by the Refugees Convention.
2 In his application before the Federal Magistrates Court, the applicant identified as grounds, issues of fact, and in effect was challenging various findings of fact made by the Tribunal. Similarly, in his notice of appeal, the applicant specifies, as grounds, matters of fact concerning both his father’s circumstances in India, the sequence of events in relation to the expiry of a student visa, his subsequent application for a protection visa and, finally, the strong risk of him being harmed by local Hindus were he to return to India. This is plainly only a challenge to the findings of fact made by the Tribunal. The applicant, in substance, is seeking merits review.
3 No error on the part of the Federal Magistrate is pointed to by the applicants. In the circumstances, it seems to me that any appeal is doomed to fail and in those circumstances it is inappropriate to extend time in which to file and serve a notice of appeal.
4 Accordingly, I order that the application for an extension of time in which to file and serve a notice of appeal be dismissed with costs, fixed in the sum of $1,500.
|
I certify that the preceding four (4) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Moore. |
Associate:
Dated: 1 December 2008
|
The Applicants appeared in person. |
|
|
|
|
|
Solicitor for the Respondents: |
Clayton Utz |
|
Date of Hearing: |
14 November 2008 |
|
|
|
|
Date of Judgment: |
14 November 2008 |
