Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZCQR v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 724 MIGRATION – non-appearance by appellant before Refugee Review Tribunal – appellant alleged she acted in reliance on migration agent's advice – where Refugee Review Tribunal counter staff told appellant to put request for new hearing in writing – request contained no reasons for non-appearance – where Federal Magistrate made no findings concerning these circumstances Migration Act 1958 (Cth), ss 425A(4), 426A Minister for Immigration & Multicultural & Indigenous Affairs v VSAF of 2003 [2005] FCAFC 73 applied SZCQR v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS NSD 1597 OF 2004 MOORE J 3 JUNE 2005 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 1597 OF 2004
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: SZCQR
APPELLANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
RESPONDENT
JUDGE: MOORE J
DATE OF ORDER: 3 JUNE 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 1597 OF 2004
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: SZCQR
APPELLANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
RESPONDENT
JUDGE: MOORE J
DATE: 3 JUNE 2005
PLACE: SYDNEY
REASONS FOR JUDGMENT 1 This is an appeal from a judgment of a Federal Magistrate of 15 October 2004 dismissing an application for judicial review of a decision of the Refugee Review Tribunal ('the Tribunal'). On 14 December 2003 the Tribunal affirmed a decision of a delegate of the Minister for Immigration and Multicultural and Indigenous Affairs ('the Minister') not to grant the appellant a protection visa.
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