Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZDLO v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 84
MIGRATION – no point of principle SZDLO v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS NSD 1529 of 2004 MOORE J 11 FEBRUARY 2005 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NSW SOUTH WALES DISTRICT REGISTRY NSD 1529 OF 2004
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: SZDLO
APPELLANT
AND: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
RESPONDENT
JUDGE: MOORE J
DATE OF ORDER: 11 FEBRUARY 2005
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. The appeal be dismissed 1. 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
NSW SOUTH WALES DISTRICT REGISTRY NSD 1529 OF 2004
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: SZDLO
APPELLANT
AND: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
RESPONDENT
JUDGE: MOORE J
DATE: 11 FEBRUARY 2005
PLACE: SYDNEY
REASONS FOR JUDGMENT (Ex Tempore – Revised)
Introduction 1 This is an appeal against the judgment of a Federal Magistrate dismissing an application for review of a decision of the Refugee Review Tribunal ("the Tribunal"). On 18 March 2004 the Tribunal affirmed a decision of the delegate of the Minister for Immigration and Multicultural and Indigenous Affairs ("the Minister") refusing the appellant a protection visa. 2 The appellant arrived in Australia on 12 February 2003. He applied for a protection (class XA) visa on 1 May 2003. His application was refused. On 22 July 2003 the appellant sought review of that decision by the Tribunal. On 3 March 2004 the Tribunal wrote to the appellant inviting him to a hearing as they could not make a favourable decision on his application and written material alone. On 16 March 2004, the appellant, through his adviser, informed the Tribunal that he would not attend the hearing and requested the decision be made on the written material before the Tribunal.
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