SZDQZ v Minister for Immigration & Multicultural Affairs [2006] FCA 130

FEDERAL COURT OF AUSTRALIA

SZDQZ v Minister for Immigration & Multicultural Affairs [2006] FCA 130 SZDQZ v MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS AND REFUGEE REVIEW TRIBUNAL NSD 1695 OF 2005 MADGWICK J 13 FEBRUARY 2006 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 1695 OF 2005

BETWEEN: SZDQZ

APPELLANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

FIRST RESPONDENT

REFUGEE REVIEW TRIBUNAL

SECOND RESPONDENT

JUDGE: MADGWICK J

DATE OF ORDER: 13 FEBRUARY 2006

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The appeal be dismissed with costs assessed in the sum of $4,000.

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 1695 OF 2005

BETWEEN: SZDQZ

APPELLANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

FIRST RESPONDENT

REFUGEE REVIEW TRIBUNAL

SECOND RESPONDENT

JUDGE: MADGWICK J

DATE: 13 FEBRUARY 2006

PLACE: SYDNEY

REASONS FOR JUDGMENT HIS HONOUR: 1 This is an appeal from a judgment of the Federal Magistrates Court given on 29 August 2005 by Federal Magistrate Nicholls. His Honour dismissed an application to review a decision adverse to the appellant made by the Refugee Review Tribunal ('Tribunal'). The Tribunal's decision was made on 18 November 2002. It followed a rejection of the appellant's application for a protection visa by a delegate of the respondent Minister on 19 February 2002. 2 The Tribunal, in accordance with s 441G of the Migration Act 1958 (Cth) ('Act') duly sent notification of an invitation to the appellant to appear at a hearing, scheduled for 15 November 2002, to an 'authorised recipient', a migration agent engaged by the appellant. Section 441G(2) provides that if the Tribunal gives a document to the authorised recipient, the Tribunal is taken to have given the document to the applicant. However this does not prevent the Tribunal giving the applicant a copy of the document.