SZECT v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 1099

FEDERAL COURT OF AUSTRALIA

SZECT v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 1099

SZECT v MINISTER FOR IMMIGRATION & MULTICULTURAL

& INDIGENOUS AFFAIRS NSD 249 OF 2005 LINDGREN J 4 AUGUST 2005 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 249 OF 2005

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: SZECT

APPELLANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

FIRST RESPONDENT

REFUGEE REVIEW TRIBUNAL

SECOND RESPONDENT

JUDGE: LINDGREN

DATE OF ORDER: 4 AUGUST 2005

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. The Refugee Review Tribunal be added as second respondent to the appeal.

2. The appeal be dismissed.

3. The appellant pay the respondents' 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 NSD 249 OF 2005

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: SZECT

APPELLANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

FIRST RESPONDENT

REFUGEE REVIEW TRIBUNAL

SECOND RESPONDENT

JUDGE: LINDGREN J

DATE: 4 AUGUST 2005

PLACE: SYDNEY

REASONS FOR JUDGMENT

Introduction 1 The appellant appeals from a decision of the Federal Magistrates Court of Australia ('FMCA') given on 2 February 2005 (SZECT v Minister for Immigration [2005] FMCA 132). The FMCA dismissed an application for review of a decision of the Refugee Review Tribunal ('the Tribunal'). 2 On 25 June 2004, the Tribunal had affirmed a decision of a delegate of the respondent Minister ('the Delegate' and 'the Minister' respectively) not to grant a protection visa to the appellant. The Tribunal's decision was handed down on 22 July 2004.