SZEOG v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 1789

FEDERAL COURT OF AUSTRALIA

SZEOG v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 1789 SZEOG v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS AND REFUGEE REVIEW TRIBUNAL NSD 1687 of 2005 BRANSON J 24 NOVEMBER 2005 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 1687 of 2005

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: SZEOG

APPELLANT

AND: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

FIRST RESPONDENT

REFUGEE REVIEW TRIBUNAL

SECOND RESPONDENT

JUDGE: BRANSON J

DATE OF ORDER: 24 NOVEMBER 2005

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The appeal be dismissed. 2. The appellant pay the respondents' costs fixed in the amount of $3800.

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 1687 of 2005

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: SZEOG

APPELLANT

AND: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

FIRST RESPONDENT

REFUGEE REVIEW TRIBUNAL

SECOND RESPONDENT

JUDGE: BRANSON J

DATE: 24 NOVEMBER 2005

PLACE: SYDNEY

REASONS FOR JUDGMENT

introduction 1 The appellant appeals to this Court from a judgment of the Federal Magistrates Court delivered on 1 September 2005. By that judgment the Federal Magistrate dismissed the appellant's application for judicial review of a decision of the second respondent ('the Tribunal') affirming the decision of a delegate of the first respondent ('the Minister') to refuse the appellant a protection visa. 2 The appellant has not attended Court today. Counsel for the Minister invited me to proceed under O 52 r 38A to hear this matter in the absence of the appellant. I consider it appropriate to do so.