Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZELD v Minister for Immigration & Multicultural & Indigenous Affairs [2006] FCA 529 SZELD v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS and REFUGEE REVIEW TRIBUNAL NSD 257 OF 2006 EDMONDS J 12 MAY 2006 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY nsd 257 OF 2006
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: SZELD
APPELLANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
FIRST 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 OF 2006
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: SZELD
APPELLANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
FIRST RESPONDENT
REFUGEE REVIEW TRIBUNAL
SECOND RESPONDENT
JUDGE: EDMONDS J
DATE: 12 may 2006
PLACE: SYDNEY
REASONS FOR JUDGMENT Edmonds j:
Introduction 1 This is an appeal from orders made by the Federal Magistrates Court of Australia on 27 January 2006. The reasons for those orders are recorded in SZELD v Minister for Immigration & Multicultural & Indigenous Affairs [2006] FMCA 74 ('the Remitter Judgment'). 2 The proceedings have previously been before this Court on appeal: see SZELD v Minister for Immigration & Multicultural & Indigenous Affairs [2006] FCA 1246 ('the Appeal Judgment'). In that proceeding Gyles J upheld the appellant's appeal on the confined basis that the claim of bias made by the appellant had not been dealt with by the Federal Magistrate below. His Honour ordered that the matter be remitted to the Federal Magistrates Court in accordance with the reasons: see the Appeal Judgment at [7]. The appeal that is now before the Court is an appeal from the orders made on remitter.
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