SZBCD v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 352

FEDERAL COURT OF AUSTRALIA

SZBCD v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 352 MIGRATION – No point of principle SZBCD v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS NSD 1931 OF 2004 MOORE J 8 APRIL 2005 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 1931 OF 2004

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: SZBCD

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 1931 OF 2004

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: SZBCD

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 9 December 2004 dismissing an application for review of a decision of the Refugee Review Tribunal ("the Tribunal"). The appellant arrived in Australia on 11 June 2002. On 12 July 2002 he applied for a protection visa (class XA) with the Department of Immigration and Multicultural and Indigenous Affairs. On 30 July 2002 the delegate of the Minister for Immigration and Multicultural Affairs ("the Minister") refused to grant the visa. The appellant applied for review of that decision on 20 August 2002. On 16 July 2003 the Tribunal handed down its reasons for decision affirming the decision of the delegate not to grant the appellant a protection visa.