Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZADJ v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 1418 SZADJ v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS N 1293 of 2003 MOORE J SYDNEY 5 DECEMBER 2003
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 1293 OF 2003
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: SZADJ
APPELLANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
RESPONDENT
JUDGE: MOORE J
DATE OF ORDER: 5 DECEMBER 2003
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. The appeal be dismissed. 2. 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 WALES DISTRICT REGISTRY N 1293 OF 2003
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: SZADJ
APPELLANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
RESPONDENT
JUDGE: MOORE J
DATE: 5 DECEMBER 2003
PLACE: SYDNEY
REASONS FOR JUDGMENT
Introduction 1 This is an appeal from a judgment of a Federal Magistrate of 8 August 2003, dismissing an application for judicial review of a decision of the Refugee Review Tribunal ("the Tribunal"). The application in the Federal Magistrates Court of Australia was said to be made under s 39B of the Judiciary Act 1903 (Cth) and, though not expressly stated, it can be assumed it was an application for constitutional writs. The Tribunal had affirmed a decision of a delegate of the Minister for Immigration and Multicultural Affairs ("the Minister") to refuse to grant the appellant a Protection (class XA) visa under the Migration Act 1958 (Cth) ("the Act"). 2 The appellant arrived in Australia on 31 December 2001. On 15 January 2002 the appellant lodged an application for a protection visa with the Department of Immigration and Multicultural and Indigenous Affairs. On 26 March 2002 the delegate of the Minister refused to grant the appellant a protection visa. On 26 April 2002 the appellant applied to the Tribunal for a review of that decision.
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