SZATR v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 1588

FEDERAL COURT OF AUSTRALIA

SZATR v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 1588

MIGRATION – no point of principle

Migration Act 1958 (Cth) SZATR v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS NSD 1355 of 2004 MOORE J 9 DECEMBER 2004 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 1355 OF 2004

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: SZATR

APPELLANT

AND: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: MOORE J

DATE OF ORDER: 9 DECEMBER 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 NSD 1355 OF 2004

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: SZATR

APPELLANT

AND: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: MOORE J

DATE: 9 DECEMBER 2004

PLACE: SYDNEY

REASONS FOR JUDGMENT 1 This judgment concerns an appeal from a decision of a Federal Magistrate of 1 September 2004 dismissing an application under s 39B of the Judiciary Act 1903 (Cth) for judicial review (seeking the issue of constitutional writs) of a decision of the Refugee Review Tribunal ("the Tribunal"). The appellant applied for a protection visa on 17 October 2001, claiming to be a refugee. A delegate of the Minister for Immigration and Multicultural and Indigenous Affairs ("the Minister") refused that application on 22 November 2001. The appellant then applied to the Tribunal for review of that decision. The Tribunal affirmed the decision of the delegate on 5 May 2003.