SZCKX v Minister for Immigration & Multicultural Affairs [2006] FCA 528

FEDERAL COURT OF AUSTRALIA

SZCKX v Minister for Immigration & Multicultural Affairs [2006] FCA 528

SZCKX v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS and REFUGEE REVIEW TRIBUNAL NSD 2591 OF 2005 EDMONDS J 12 MAY 2006 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 2591 OF 2005

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA BETWEEN: SZCKX

APPELLANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

RESPONDENT

REFUGEE REVIEW TRIBUNAL

SECOND RESPONDENT

JUDGE: EDMONDS J

DATE OF ORDER: 12 MAY 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 2591 OF 2005

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA BETWEEN: SZCKX

APPELLANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

RESPONDENT

REFUGEE REVIEW TRIBUNAL

SECOND RESPONDENT

JUDGE: EDMONDS J

DATE: 12 MAY 2006

PLACE: SYDNEY

REASONS FOR JUDGMENT

Edmonds J:

1 This is an appeal from the Federal Magistrates Court (Driver 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 is a citizen of Bangladesh. He arrived in Australia on 4 October 2001. On 24 October 2001 he lodged an application for a protection visa (Class XA) with the then Department of Immigration and Multicultural and Indigenous Affairs ('the Department') under the Migration Act 1958 (Cth) ('the Act'). On 27 February 2003 a delegate of the Minister refused to grant the appellant a protection visa and on 24 March 2003 the appellant applied to the Tribunal for review of the delegate's decision.