SZAFY v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCA 80

FEDERAL COURT OF AUSTRALIA

SZAFY v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCA 80 SZAFY v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS N 1589 of 2003 MOORE J 13 FEBRUARY 2004 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 1589 OF 2003

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: SZAFY

APPELLANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: MOORE J

DATE OF ORDER: 13 FEBRUARY 2004

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 1589 OF 2003

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: SZAFY

APPELLANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: MOORE J

DATE: 13 FEBRUARY 2004

PLACE: SYDNEY

REASONS FOR JUDGMENT 1 On 4 July 2000 the appellant arrived in Australia with her son. They are both citizens of India. The appellant lodged an application for a protection visa on 25 October 2000. A delegate of the Minister for Immigration and Multicultural and Indigenous Affairs ("the delegate") refused to grant the protection visa on 9 May 2002. The appellant applied for that decision to be reviewed on 5 June 2002. The Refugee Review Tribunal ("the Tribunal") affirmed the decision refusing to grant the visas on 19 February 2003. The appellant sought judicial review of the decision by the Federal Magistrates Court. On 2 October 2003 Federal Magistrate Raphael dismissed the application. The appellant appeals against that decision to this Court.