Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZDYI v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 1507
MIGRATION – absence of reference to relevant fact in findings – whether jurisdictional error Migration Act 1958 (Cth)
SZDYI v Minister for Immigration & Anor [2005] FMCA 971affirmed Minister for Immigration and Multicultural Affairs v Yusuf (2001) 206 CLR 323 cited Applicant WAEE v Minister for Immigration (2003) 75 ALD 630 cited
SZDYI v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS AND REFUGEE REVIEW TRIBUNAL
NSD 1325 OF 2005
GYLES J
26 OCTOBER 2005
SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 1325 OF 2005
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: SZDYI
APPELLANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
FIRST RESPONDENT
REFUGEE REVIEW TRIBUNAL
SECOND RESPONDENT
JUDGE: GYLES J
DATE OF ORDER: 26 OCTOBER 2005
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1 The appeal be dismissed.
2 The appellant pay the costs of the respondents.
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 1325 OF 2005
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: SZDYI
APPELLANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
FIRST RESPONDENT
REFUGEE REVIEW TRIBUNAL
SECOND RESPONDENT
JUDGE: GYLES J
DATE: 26 OCTOBER 2005
PLACE: SYDNEY
REASONS FOR JUDGMENT 1 The appellant appeals against a decision of Smith FM (SZDYI v Minister for Immigration & Anor [2005] FMCA 971) dismissing an application seeking judicial review of a decision of the Refugee Review Tribunal (the Tribunal). The Tribunal's decision affirmed the decision of a delegate of the first respondent not to grant a protection visa to the appellant pursuant to the Migration Act 1958 (Cth) (the Act). Counsel for the first respondent summarised the proceedings before the Tribunal, in my opinion appropriately for present purposes, as follows.
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