SZAFO v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 158

FEDERAL COURT OF AUSTRALIA

SZAFO v Minister for Immigration & Multicultural & Indigenous Affairs

[2004] FCA 158 SZAFO V MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS N1458 OF 2003 BENNETT J 1 MARCH 2004 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N1458 OF 2003

BETWEEN: SZAFO

APPELLANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: BENNETT

DATE OF ORDER: 1 MARCH 2004

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The appeal is dismissed with 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 N1458 OF 2003

BETWEEN: SZAFO

APPELLANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: BENNETT

DATE: 1 MARCH 2004

PLACE: SYDNEY

REASONS FOR JUDGMENT 1 The appellant is a citizen of Bangladesh who arrived in Australia on 11 November 2000. On 14 December 2000 he lodged an application for a protection visa. On 5 March 2001 a delegate of the respondent ('the Delegate') refused to grant the protection visa and in March 2001 the appellant applied for a review of that decision by the Refugee Review Tribunal ('the Tribunal'). The appellant attended a hearing before the Tribunal on 12 December 2002 and on 31 December 2002 the Tribunal affirmed the decision of the Delegate not to grant a protection visa. The appellant applied to the Federal Magistrates Court for review of the Tribunal's decision and on 8 September 2003 Driver FM dismissed the application. This is an appeal from that decision. Pursuant to s 25(1A) of the Federal Court of Australia Act 1976 (Cth), the Chief Justice directed the appeal be heard by a single judge of the Court.