SZBLX v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 1724

FEDERAL COURT OF AUSTRALIA

SZBLX v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 1724 MIGRATION – no point of principle

SZBLX v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS AND REFUGEE REVIEW TRIBUNAL NSD 1045 OF 2005 MOORE J 30 NOVEMBER 2005 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 1045 OF 2005

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: SZBLX

APPELLANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

FIRST RESPONDENT

REFUGEE REVIEW TRIBUNAL

SECOND RESPONDENT

JUDGE: MOORE J

DATE OF ORDER: 30 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 1045 OF 2005

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: SZBLX

APPELLANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

FIRST RESPONDENT

REFUGEE REVIEW TRIBUNAL

SECOND RESPONDENT

JUDGE: MOORE J

DATE: 30 NOVEMBER 2005

PLACE: SYDNEY

REASONS FOR JUDGMENT 1 This is an appeal from a judgment of a Federal Magistrate of 7 June 2005, dismissing an application for judicial review of a decision of the Refugee Review Tribunal ("the Tribunal") of 8 August 2003. The Tribunal affirmed the decision of a delegate of the Minister for Immigration and Multicultural and Indigenous Affairs ("the Minister") and refused to issue the appellant a Protection (Class XA) visa. 2 The appellant is stateless and was formerly resident in Latvia, where his mother and brother continue to reside. He speaks Russian and English and limited Latvian and he has previously travelled to the United States of America and Estonia. He arrived in Australia on a Latvian alien's passport on 26 May 2000. On 20 September 2000 and again on 5 January 2001, the appellant was granted a student visa. On 29 June 2001 he applied for a protection visa, claiming to fear persecution on the basis of membership of a particular social group, namely homosexual men in Latvia. He also claimed to fear persecution on the basis of his status as a Russian speaker and as a stateless person. A delegate of the Minister refused that application on 24 April 2002. 3 The appellant sought review of that decision by the Tribunal. The Tribunal invited the appellant to attend a hearing on 22 May 2003, however that hearing was adjourned to 18 July 2003. In the intervening period between 22 May 2003 and 18 July 2003, the Tribunal wrote to the appellant and invited him to comment on issues arising from his application. The appellant's response to that invitation was received on 23 June 2003.