Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZABE v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 174 SZABE v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS N1313 of 2003
MADGWICK J 16 FEBRUARY 2004 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N1313 of 2003
BETWEEN: SZABE
APPLICANT
AND: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
RESPONDENT
JUDGE: MADGWICK J
DATE OF ORDER: 16 FEBRUARY 2004
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. The appeal be dismissed and the orders of the Federal Magistrate are affirmed. 2. The appellant is to 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 N1313 of 2003
BETWEEN: SZABE
APPLICANT
AND: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
RESPONDENT
JUDGE: MADGWICK J
DATE: 16 FEBRUARY 2004
PLACE: SYDNEY
REASONS FOR JUDGMENT (revised from transcript) HIS HONOUR: 1 This is an appeal from a judgment of Driver FM given on 25 July 2003. The learned Federal Magistrate was dealing with an application for a judicial review praying in aid of, among other things, s 39B of the Judiciary Act 1903 (Cth) and seeking to quash a decision adverse to the appellant made by the Refugee Review Tribunal ('the Tribunal'). 2 The amended application before his Honour asserted that the decision of the Tribunal was infected by certain errors which amounted to a constructive failure to exercise jurisdiction. Various factual matters only were referred to; these included, however, the proposition that: 'The Tribunal's decision that the applicant was not a homosexual was made without evidence in support ...' 3 The appellant is Nigerian. He came to Australia on 11 December 1999. About a month later he lodged an application for a protection visa, claiming refugee status upon the basis that he feared persecution as a homosexual in his own country; in particular, he claimed that his partner had been killed by a mob in that country for being homosexual.
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