SZAQX v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCA 553

FEDERAL COURT OF AUSTRALIA

SZAQX v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCA 553 SZAQX v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS N 239 OF 2004 MOORE J 5 MAY 2004 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 239 of 2004

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT

BETWEEN: SZAQX

APPELLANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: MOORE J

DATE OF ORDER: 5 MAY 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 239 of 2004

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT

BETWEEN: SZAQX

APPELLANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: MOORE J

DATE: 5 MAY 2004

PLACE: SYDNEY

REASONS FOR JUDGMENT

Introduction 1 The appellant is a citizen of Bangladesh who arrived in Australia on 5 April 2002. On 1 May 2002 he lodged an application for a protection visa. On 1 July 2002 a delegate of the Minister for Immigration and Multicultural and Indigenous Affairs ('the Minister') refused to grant the protection visa and on 11 July 2002 the appellant applied for review of that decision by the Refugee Review Tribunal ('the Tribunal'). The appellant attended a hearing before the Tribunal on 7 May 2003 and that same day the Tribunal affirmed the decision of the Minister not to grant a protection visa, giving its decision orally. Written reasons for decision were sent to the appellant on 12 May 2003. The appellant applied to the Federal Magistrate's Court for judicial review of the Tribunal's decision. On 18 February 2004 a Federal Magistrate dismissed the application. This is an appeal from that judgment.