Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZDRY v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 993
SZDRY v MINISTER FOR IMMIGRATION & MULTICULTURAL
& INDIGENOUS AFFAIRS
NSD 336 OF 2005
LINDGREN J
8 JULY 2005
SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 336 OF 2005
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: SZDRY
APPLICANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
RESPONDENT
JUDGE: LINDGREN J
DATE OF ORDER: 8 JULY 2005
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. The appeal be dismissed. 2. The appellant pay the respondent's costs. 3. The operation of orders 1 and 2 be suspended until Tuesday, 19 July 2005. 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 336 OF 2005
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: SZDRY
APPLICANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
RESPONDENT
JUDGE: LINDGREN J
DATE: 8 JULY 2005
PLACE: SYDNEY
REASONS FOR JUDGMENT
Introduction 1 The appellant appeals from a decision of the Federal Magistrates Court of Australia ('FMCA') given on 24 February 2005 (SZDRY v Minister for Immigration [2005] FMCA 155). The FMCA dismissed an application for review of a decision of the Refugee Review Tribunal (the Tribunal) dated 22 June 1998. By that decision, the Tribunal affirmed a decision of a delegate of the respondent Minister (respectively, 'the Delegate' and 'the Minister') not to grant to the appellant a protection visa. 2 The appellant, a citizen of Pakistan, arrived in Australia as a student on 12 July 1996. On 23 January 1997 she lodged an application for a protection visa with the Department of Immigration and Multicultural Affairs ('the Department') under the Migration Act 1958 (Cth) ('the Act'). 3 On 17 June 1997 the Delegate refused to grant the visa. On 7 July 1997, the appellant applied to the Tribunal for review of the Delegate's decision. The appellant gave evidence at a hearing before the Tribunal on 10 June 1998.
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