SZDZK v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 430

FEDERAL COURT OF AUSTRALIA

SZDZK v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 430 MIGRATION – appeal from Federal Magistrates Court – whether Tribunal failed to consider a claim – whether Tribunal made a jurisdictional error Federal Court of Australia Act 1976 (Cth) s 25(2B)(bb)(i) Migration Act 1958 (Cth)

Muin v Refugee Review Tribunal; Lie v Refugee Review Tribunal (2002) 190 ALR 601 referred to SZDZK v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS NSD 1983 of 2004 BRANSON J 19 APRIL 2005 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 1983 of 2004

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: SZDZK

APPELLANT

AND: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: BRANSON J

DATE OF ORDER: 19 APRIL 2005

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The appeal be allowed. 2. The orders of the Federal Magistrates Court be set aside and the matter remitted to the Refugee Review Tribunal for consideration according to law.

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 1983 of 2004

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: SZDZK

APPELLANT

AND: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: BRANSON J

DATE: 19 APRIL 2005

PLACE: SYDNEY

REASONS FOR JUDGMENT

introduction 1 This is an appeal from a decision of the Federal Magistrates Court which dismissed an application for judicial review of a decision of the Refugee Review Tribunal ('the Tribunal'). The written reasons for decision of the Tribunal bear the date 30 January 1996 but other material before the Court suggests that the decision of the Tribunal was in fact made on 30 January 1997. 2 The decision of the Tribunal affirmed a decision of a delegate of the respondent to refuse the appellant a protection visa.