Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZEGE v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 783 SZEGE v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS NSD 539 OF 2005 EMMETT J 26 MAY 2005 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD539 OF 2005
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: SZEGE
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 of the appeal. 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 NSD539 OF 2005
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: SZEGE
APPELLANT
AND: MINISTER FOR IMMIGRATION MULTICULTURAL & INDIGENOUS AFFAIRS
RESPONDENT
JUDGE: EMMETT J
DATE: 26 MAY 2005
PLACE: SYDNEY
REASONS FOR JUDGMENT 1 The appellant, who is a citizen of India, arrived in Australia on 8 April 2004. On 20 April 2004, he lodged an application for a protection (class XA) visa under the Migration Act 1958 (Cth) ('the Act'). On 21 April 2004, a delegate of the respondent, the Minister for Immigration & Multicultural & Indigenous Affairs ('the Minister'), refused to grant a protection visa. On 10 May 2004, the appellant applied to the Refugee Review Tribunal ('the Tribunal') for review of the delegate's decision. On 30 June 2004, the Tribunal affirmed the decision not to grant a protection visa. 2 The appellant then commenced a proceeding in the Federal Magistrates Court on 24 August 2004, claiming Constitutional writ relief in respect of the Tribunal's decision. An amended application was filed on 22 November 2004. The grounds specified in that amended application were as follows: '1. That the RRT decision was effected to take into account a relevant consideration when it assessed weather [sic] the delegate of the Minister raised reasonable grounds for not granting a protection visa.
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