Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZAXC v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 451
MIGRATION – protection visa application – appellant claims to fear persecution in Ukraine by reason of her Jewish ethnicity – Tribunal emphasised that the appellant did not appear Jewish – danger in attributing particular characteristics to all members of an ethnic group –appeal dismissed for non-appearance
Federal Court of Australia Act 1976 (Cth) s 25(2B)(bb)(ii) Migration Act 1958 (Cth) SZAXC v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS NSD 233 of 2005 SACKVILLE J SYDNEY 18 APRIL 2005
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 233 of 2005
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: SZAXC
APPELLANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
RESPONDENT
JUDGE: SACKVILLE J
DATE OF ORDER: 18 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 233 of 2005
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: SZAXC
APPELLANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
RESPONDENT
JUDGE: SACKVILLE J
DATE: 18 APRIL 2005
PLACE: SYDNEY
REASONS FOR JUDGMENT 1 This is an appeal from a judgment of the Federal Magistrates Court handed down on 28 January 2005: [2005] FMCA 36. The learned Magistrate dismissed an application for review of a decision of the Refugee Review Tribunal ('RRT') handed down on 3 June 2003. The RRT had affirmed a decision of a delegate of the respondent ('the Minister') made on 2 August 2000 to refuse to grant the appellant a protection (class XA) visa. 2 The appellant has neither filed submissions in support of her appeal nor appeared at the hearing. Ms Clegg, who appeared for the Minister, has applied for an order dismissing the appeal by reason of the appellant's non-appearance, pursuant to s 25(2B)(bb)(ii) of the Federal Court of Australia Act 1976 (Cth) ('Federal Court Act').
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