SZKND v Minister for Immigration and Citizenship

REASONS FOR JUDGMENT 1 This is an application for leave to appeal from a decision of the Federal Magistrates Court delivered on 19 June 2007. 2 Before that Court, the Applicant was seeking review of a decision of the Refugee Review Tribunal signed on 10 February 2006. 3 The Federal Magistrate reviewed the chronological sequence within which applications had been made for review. 4 Relevantly, the chronology can be stated as follows: DATE EVENT 13 April 1959 The Applicant was born. 30 September 2005 The Applicant arrived in Australia. 6 October 2005 The application for the protection visa was filed with the then Department of Immigration and Multicultural and Indigenous Affairs. 27 October 2005 The decision of the Delegate of the First Respondent was made refusing the application for the protection visa. 28 November 2005 The application for review was lodged with the Refugee Review Tribunal. 9 January 2006 The hearing invitation letter was sent to the Applicant and the Applicant did not attend the hearing. 13 February 2006 The Tribunal handed down its decision and the Applicant did not attend on that occasion. A copy of the decision was, however, sent to the Applicant at his latest address. 26 August 2006 The Applicant claims to have received actual notification of the Refugee Review Tribunal decision. 10 April 2007 The application for an order to show cause was filed in the Federal Magistrates Court.