SZEBH v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 350

FEDERAL COURT OF AUSTRALIA

SZEBH v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 350

MIGRATION – No point of principle SZEBH v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS NSD 1833 OF 2004 MOORE J 8 APRIL 2005 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 1833 OF 2004

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: SZEBH

APPELLANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: MOORE J

DATE OF ORDER: 8 APRIL 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 1833 OF 2004

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: SZEBH

APPELLANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: MOORE J

DATE: 8 APRIL 2005

PLACE: SYDNEY

REASONS FOR JUDGMENT 1 This is an appeal against a judgment of a Federal Magistrate of 22 November 2004 dismissing an application for review of a decision of the Refugee Review Tribunal ("the Tribunal") affirming a decision not to grant the appellant a protection visa. 2 The appellant arrived in Australia on 15 February 2004 and lodged an application for a protection visa on 25 February 2004. A delegate of the Minister for Immigration and Multicultural and Indigenous Affairs ("the Minister") refused to grant the visa on 4 March 2004. The appellant applied for review of that decision by the Tribunal on 7 April 2004. The Tribunal affirmed the decision of the delegate on 31 May 2004. The appellant applied to the Federal Magistrate for review of the Tribunal's decision.