Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZASH v Minister of Immigration & Multicultural & Indigenous Affairs [2004] FCA 1700 SZASH v MINISTER OF IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS NSD 1402 of 2004 WHITLAM J 15 DECEMBER 2004 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 1402 OF 2004
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: SZASH
APPELLANT
AND: MINISTER OF IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
RESPONDENT
JUDGE: WHITLAM J
DATE OF ORDER: 15 DECEMBER 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 NSD 1402 OF 2004
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: SZASH
APPELLANT
AND: MINISTER OF IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
RESPONDENT
JUDGE: WHITLAM J
DATE: 15 DECEMBER 2004
PLACE: SYDNEY
REASONS FOR JUDGMENT 1 This is an appeal from a judgment of the Federal Magistrates Court (SZASH v Minister of Immigration [2004] FMCA 587) dismissing an application for review of a decision handed down by the Refugee Review Tribunal ('the Tribunal') on 27 May 2003. The Tribunal's decision affirmed the decision of a delegate of the Minister refusing the appellant a protection visa. 2 The appellant has filed an amended notice of appeal which contains the following two grounds: '1. The Tribunal exceeded its jurisdiction in failing to accord [the appellant] procedural fairness, as required under section 424(1), section 418(3) of the Migration Act 1958.
2. The Refugee Review Tribunal did not follow the proper procedure as required by the Migration Act 1958. Thus, the procedures that were required by the Act or regulations to be observed in connection with the making of the decision were not observed. [The appellant's] case is identical with the Muin v Refugee Review Tribunal; Lie v Refugee Review Tribunal [2002] HCA 30 (8 August 2002).'
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