SZAFS v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 112

FEDERAL COURT OF AUSTRALIA

SZAFS v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 112

SZAFS v MINISTER FOR IMMIGRATION & MULTICULTURAL &

INDIGENOUS AFFAIRS N 1478 of 2003 LINDGREN J 20 FEBRUARY 2004 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 1478 OF 2003

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: SZAFS

APPELLANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: LINDGREN J

DATE OF ORDER: 20 FEBRUARY 2004

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The appeal be dismissed. 2. The appellant pay the respondent's costs of the appeal. 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 1478 OF 2003

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: SZAFS

APPELLANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: LINDGREN J

DATE: 20 FEBRUARY 2004

PLACE: SYDNEY

REASONS FOR JUDGMENT

INTRODUCTION 1 The appellant appeals from an order of the Federal Magistrates Court of Australia ('FMCA') made on 11 September 2003 dismissing her application to that Court and ordering her to pay the costs of the respondent ('the Minister') assessed in a sum of $4,250. 2 The appellant's application to the FMCA was made under s 39B of the Judiciary Act 1903 (Cth) and was for orders in the nature of certiorari, mandamus and prohibition in respect of a decision of the Refugee Review Tribunal ('RRT'). The decision of the RRT was one affirming a decision of a delegate ('the Delegate') of the Minister refusing to grant the appellant a protection visa under the Migration Act 1958 (Cth) ('the Act').