SZGSN v Minister for Immigration & Multicultural & Indigenous Affairs [2006] FCA 308

FEDERAL COURT OF AUSTRALIA

SZGSN v Minister for Immigration & Multicultural & Indigenous Affairs [2006] FCA 308 SZGSN v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS and REFUGEE REVIEW TRIBUNAL NSD 2416 OF 2005 EDMONDS J 18 APRIL 2006 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 2416 OF 2005

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: SZGSN

APPELLANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

FIRST RESPONDENT

REFUGEE REVIEW TRIBUNAL

SECOND RESPONDENT

JUDGE: EDMONDS J

DATE OF ORDER: 18 APRIL 2006

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 2416 OF 2005

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: SZGSN

APPELLANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

FIRST RESPONDENT

REFUGEE REVIEW TRIBUNAL

SECOND RESPONDENT

JUDGE: EDMONDS J

DATE: 18 APRIL 2006

PLACE: SYDNEY

REASONS FOR JUDGMENT

Edmonds J:

Introduction 1 This is an appeal from the Federal Magistrates Court (Scarlett 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, a 36 year old citizen of the People's Republic of China, arrived in Australia on 1 June 1996. On 28 June 1996 he lodged an application for refugee status with the Department of Immigration and Multicultural and Indigenous Affairs ('the Department')pursuant to the Migration Act 1958 (Cth) ('the Act'). 3 On 19 June 1997 a delegate of the Minister refused the grant of a protection visa after the appellant did not attend the interview. On 30 June 1997 the appellant applied to the Tribunal for a review of the delegate's decision. 4 On 3 September 1998 the appellant was invited to give evidence at a hearing before the Tribunal on 13 October 1998, and was informed that the Tribunal was not prepared to make a decision in the appellant's favour based on the material provided to it. The appellant accepted that invitation. 5 The Tribunal hearing took place on 13 October 1998 during which the appellant gave oral evidence with the assistance of a Mandarin interpreter. 6 The Tribunal affirmed the delegate's decision on 15 October 1998.