SZEGR v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 775

FEDERAL COURT OF AUSTRALIA

SZEGR v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 775 SZEGR v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS NSD 425 OF 2005 EMMETT J 26 MAY 2005 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD425 OF 2005

BETWEEN: SZEGR

APPELLANT

AND: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: EMMETT J

DATE OF ORDER: 26 MAY 2005

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. the appeal be dismissed; 2. the appellant pay the respondent's costs in the sum of $1,850. 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 NSD425 OF 2005

BETWEEN: SZEGR

APPELLANT

AND: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: EMMETT J

DATE: 26 MAY 2005

PLACE: SYDNEY

REASONS FOR JUDGMENT 1 The appellant claims to be a citizen of the People's Republic of China ('PRC'). He arrived in Australia on 24 February 2004. On 6 April 2004, the appellant lodged an application for a protection (class XA) visa under the Migration Act 1958 (Cth) ('the Act'). On 30 April 2004, a delegate of the respondent, the Minister for Immigration and Multicultural and Indigenous Affairs ('the Minister'), refused to grant a protection visa. On 2 June 2004, the appellant applied to the Refugee Review Tribunal ('the Tribunal') for review of the delegate's decision. On 19 July 2004, the Tribunal affirmed the decision not to grant a protection visa. 2 On 25 August 2004, the appellant commenced a proceeding in the Federal Magistrates Court, seeking constitutional relief in respect of the decision of the Tribunal. The grounds were as follows: '1. The Tribunal officer did not consider the oral evidence that I gave during my hearing at RRT.