SZEVI v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 1781

FEDERAL COURT OF AUSTRALIA

SZEVI v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 1781 SZEVI v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS & ANOR NSD 1730 OF 2005 GRAHAM J 1 DECEMBER 2005 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 1730 OF 2005

BETWEEN: SZEVI

APPELLANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

FIRST RESPONDENT

REFUGEE REVIEW TRIBUNAL

SECOND RESPONDENT

JUDGE: GRAHAM J

DATE OF ORDER: 1 DECEMBER 2005

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The appeal be dismissed with 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 1730 OF 2005

BETWEEN: SZEVI

APPELLANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

FIRST RESPONDENT

REFUGEE REVIEW TRIBUNAL

SECOND RESPONDENT

JUDGE: GRAHAM J

DATE: 1 DECEMBER 2005

PLACE: SYDNEY

REASONS FOR JUDGMENT 1 What is presently before the court is an appeal from a decision of a Federal Magistrate handed down on 29 August 2005. This appeal was listed for hearing before me at 2.15 pm today. The Appellant has not appeared. His name has been called three times outside the court or, more accurately, the name by which he is known for the purposes of these proceedings "SZEVI". Notwithstanding that his name has been called three times, he has not appeared. 2 The Appellant was born in Liaoning in the Peoples Republic of China on 7 May 1972. On 28 July 2003 he secured a passport from the Peoples Republic of China and on 29 September 2003 a temporary visa was issued to him permitting him to enter Australia. The Appellant arrived in Australia on 11 October 2003. On or about 19 October 2003 he lodged an application for a Protection (Class XA) Visa, which was refused by a delegate of the Minister on 20 January 2004. The Appellant then lodged an application for review in the Refugee Review Tribunal ("the Tribunal") on 20 February 2004. He was invited to indicate whether he wished to appear at a hearing before the Tribunal and on 2 April 2004, the Appellant indicated that he would wish to appear. The hearing before the Tribunal took place on 16 June 2004. The decision of the Tribunal affirming the decision of the Minister's delegate not to grant the Appellant a protection visa was handed down on 27 May 2004. 3 On 7 July 2004 the Appellant proceeded to file an application for the issue of constitutional writs in respect of the decision of the Tribunal in the Federal Magistrates Court of Australia. Thereafter, there was an amended application filed 30 December 2004 and a further amended application filed 5 April 2005. The matter was heard by a Federal Magistrate on 2 August 2005, and on 29 August 2005 the Federal Magistrate's decision was handed down. From that decision, an appeal has been brought to this court by a notice of appeal filed 16 September 2005. 4 The grounds specified in the notice of appeal are: "2. I was not given proper opportunity to explain my case, the interpreting service is not proper and I could not explain myself in a proper way because of that. 3. The Tribunal had bias against me and did not all the information provided during my hearing. 4. I found the above mentioned errors and filed an review application to Federal Magistrates Court, the Judge did not agree with me and did not accept my explanation at my hearing, and my application was dismissed with all these RRT's errors."