SZAYH v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 4

FEDERAL COURT OF AUSTRALIA

SZAYH v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 4

MIGRATION – no point of principle

Migration Act 1958 (Cth) SZAYH v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS NSD 1706 OF 2004 MOORE J 24 JANUARY 2005 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 1706 OF 2004

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: SZAYH

APPELLANT

AND: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: MOORE J

DATE OF ORDER: 24 JANUARY 2005

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 1706 OF 2004

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: SZAYH

APPELLANT

AND: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: MOORE J

DATE: 24 JANUARY 2005

PLACE: SYDNEY

REASONS FOR JUDGMENT 1 This is an appeal against a decision of a Federal Magistrate dismissing an application under s 39B of the Judiciary Act 1903 (Cth) (seeking constitutional writs) concerning a decision of the Refugee Review Tribunal ("the Tribunal"). The appellant lodged an application for a protection visa with the Department of Immigration and Multicultural and Indigenous Affairs on 26 April 2002. A delegate of the Minister for Immigration and Multicultural and Indigenous Affairs ("the Minister") refused that application on 24 May 2002. The appellant sought review of that decision and, on 20 May 2003, the Tribunal affirmed the decision of the delegate to not grant the protection visa. The appellant sought judicial review of that decision. On 5 November 2004, a Federal Magistrate dismissed that application.