SZBJZ v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 1329

FEDERAL COURT OF AUSTRALIA

SZBJZ v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 1329

MIGRATION – no point of principle SZBJZ v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS NSD 839 OF 2005 MOORE J 23 SEPTEMBER 2005 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 839 OF 2005

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: SZBJZ

APPELLANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: MOORE J

DATE OF ORDER: 23 SEPTEMBER 2005

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The Refugee Review Tribunal be added as a respondent. 2. The appeal be dismissed. 3. 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 839 OF 2005

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: SZBJZ

APPELLANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: MOORE J

DATE: 23 SEPTEMBER 2005

PLACE: SYDNEY

REASONS FOR JUDGMENT 1 This is an appeal from a judgment of a Federal Magistrate of 13 May 2005 dismissing an application for judicial review of a decision of the Refugee Review Tribunal ("the Tribunal"). On 29 January 2003 the appellant lodged an application for a protection visa with the Department of Immigration and Multicultural and Indigenous Affairs. On 3 April 2003 a delegate of the Minister for Immigration and Multicultural and Indigenous Affairs ("the Minister") refused to grant the protection visa. On 10 April 2003 the appellant applied to the Tribunal for review of that decision.