SZGID v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 1526

FEDERAL COURT OF AUSTRALIA

SZGID v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 1526

MIGRATION – No point of principle SZGID v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS AND REFUGEE REVIEW TRIBUNAL NSD 1433 OF 2005 MOORE J 2 NOVEMBER 2005 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 1433 OF 2005

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: SZGID

APPELLANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

FIRST RESPONDENT

REFUGEE REVIEW TRIBUNAL

SECOND RESPONDENT

JUDGE: MOORE J

DATE OF ORDER: 2 NOVEMBER 2005

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The appeal be dismissed. 2. The appellant pay the first 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 1433 OF 2005

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: SZGID

APPELLANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

REFUGEE REVIEW TRIBUNAL

SECOND RESPONDENT

JUDGE: MOORE J

DATE: 2 NOVEMBER 2005

PLACE: SYDNEY

REASONS FOR JUDGMENT 1 This is an appeal from a judgment of the Federal Magistrates Court of 28 July 2005 dismissing an application for judicial review of a decision of the Refugee Review Tribunal ("the Tribunal"). On 20 July 2001 the appellant applied for a protection visa. On 6 September 2001 a delegate of the Minister for Immigration and Multicultural and Indigenous Affairs ("the Minister") refused to grant the appellant the protection visa. On 14 September 2001 the appellant applied for review of that decision and on 4 February 2003 the Tribunal affirmed the delegate's decision not to grant the appellant a protection visa. The appellant applied for judicial review of that decision on 17 May 2005 to the Federal Magistrates Court. 2 The appellant applied for a protection visa, claiming to fear persecution as a Christian by Muslim supporters of Sharia law. On 25 September 2002 the appellant was invited by the Tribunal to attend a hearing on 13 December 2002 as, on the material before it, it was unable to make a decision in the appellant's favour. The appellant sought a hearing on a later date on the basis that his advisor would be out of the country on the nominated date. The Tribunal declined to defer the hearing to a later date. The Tribunal contacted the appellant's advisor who said the appellant would attend the hearing on the set date. The appellant did not attend the Tribunal hearing and failed to contact the Tribunal to explain his absence.