Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZGQE v Minister for Immigration & Multicultural & Indigenous Affairs [2006] FCA 304 Migration Act 1958 (Cth) s 424A Migration Legislation Amendment Act (No. 1) 1998 (Cth) SZGQE v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS and REFUGEE REVIEW TRIBUNAL NSD 2282 OF 2005 EDMONDS J 7 APRIL 2006 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY SZGQE OF 2005
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: SZGQE
APPELLANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
FIRST RESPONDENT
REFUGEE REVIEW TRIBUNAL
SECOND RESPONDENT
JUDGE: EDMONDS J
DATE OF ORDER: 7 APRIL 2006
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. The appeal be dismissed. 2. The appellant pay the costs of the first respondent.
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 SZGQE OF 2005
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: SZGQE
APPELLANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
FIRST RESPONDENT
REFUGEE REVIEW TRIBUNAL
SECOND RESPONDENT
JUDGE: EDMONDS J
DATE: 7 APRIL 2006
PLACE: SYDNEY
REASONS FOR JUDGMENT
Edmonds J: 1 This is an appeal from the Federal Magistrates Court (Smith FM) dismissing an application for review of a decision of the Refugee Review Tribunal ('the Tribunal') affirming a decision of a delegate of the first respondent ('the Minister') to refuse to grant the appellant a protection visa.
Background 2 The appellant, who claims to be a citizen of the People's Republic of China ('the PRC'), entered Australia on 22 February 1997 and lodged an application for a protection visa on 28 February 1997. 3 On 6 June 1997 a delegate of the Minister refused to grant the appellant a protection visa and on 1 September 1998 the Tribunal affirmed the delegate's decision.
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