SZFHV v Minister for Immigration & Multicultural & Indigenous Affairs [2006] FCA 391

FEDERAL COURT OF AUSTRALIA

SZFHV v Minister for Immigration & Multicultural & Indigenous Affairs [2006] FCA 391 SZFHV v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS and REFUGEE REVIEW TRIBUNAL NSD 2490 OF 2005 EDMONDS J 14 JULY 2006 SYDNEY IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 2490 OF 2005

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: SZFHV

APPELLANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

FIRST RESPONDENT

REFUGEE REVIEW TRIBUNAL

SECOND RESPONDENT

JUDGE: EDMONDS J

DATE OF ORDER: 14 JULY 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 NSD 2490 OF 2005

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: SZFHV

APPELLANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

FIRST RESPONDENT

REFUGEE REVIEW TRIBUNAL

SECOND RESPONDENT

JUDGE: EDMONDS J

DATE: 14 JULY 2006

PLACE: SYDNEY

REASONS FOR JUDGMENT

Edmonds J:

Introduction 1 This is an appeal from a judgment of the Federal Magistrates Court (Scarlett FM) given on 23 November 2005 dismissing an application for review of a decision of the Refugee Review Tribunal ('the Tribunal'). That decision affirmed a decision of a delegate of the first respondent ('the Minister') refusing an application for a protection visa.

Background 2 The appellant is a 42 year old Indian citizen. He arrived in Australia on 30 January 2000 and on 2 March 2000 he lodged an application for a protection (class XA) visa. 3 After the Minister's delegate refused the appellant's protection visa application on 14 March 2000, he applied, on 13 April 2000, to the Tribunal to review that decision. On 24 April 2001, the Tribunal invited the appellant to attend a hearing and informed him that, having considered the material before it, the Tribunal was unable to make a decision favourable to him on that material alone. On 30 April 2001 the appellant accepted the Tribunal's invitation to attend a hearing by return of the Tribunal's 'Response to Hearing Invitation' form. On 12 July 2001 the appellant attended the hearing and gave evidence. On 20 July 2001 the appellant's adviser made a further written submission to the Tribunal on the appellant's behalf. The Tribunal made its decision on 8 October 2001, and it was handed down on 30 October 2001.