SZFIO v Minister for Immigration and Multicultural Affairs [2006] FCA 663

FEDERAL COURT OF AUSTRALIA

SZFIO v Minister for Immigration and Multicultural Affairs [2006] FCA 663 MIGRATION – application for leave to appeal from orders made by Federal Magistrate dismissing applicant's application for review of decision of Minister's delegate refusing applicant protection visa – decision of Minister's delegate previously affirmed by Refugee Review Tribunal – application for review of decision of Tribunal previously dismissed by Federal Magistrate and judge of Federal Court. Held – where Tribunal conducts full merits review of decision of Minister's delegate and applicant given every opportunity to present his or her case, decision of delegate subsumed in decision of Tribunal – application for leave to appeal dismissed.

Federal Magistrates Court Rules 2001, Pt 13 r 13 Judiciary Act 1903 (Cth) Migration Act 1958 (Cth), s 415 SZFIO v Minister for Immigration and Multicultural and Indigenous Affairs & Anor [2005] FCA 1449, referred to SZDFW v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 1821, referred to Zubair v Minister for Immigration and Multicultural and Indigenous Affairs (2004) 139 FCR 344, referred to SZFIO v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS AND REFUGEE REVIEW TRIBUNAL NSD 364 of 2006 BESANKO J 10 MAY 2006 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 364 OF 2006

BETWEEN: SZFIO

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

FIRST RESPONDENT

REFUGEE REVIEW TRIBUNAL

SECOND RESPONDENT

JUDGE: BESANKO J

DATE OF ORDER: 10 MAY 2006

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: (1) The application for leave to appeal is dismissed. (2) The applicant is to pay the respondent's costs of the appeal fixed in the sum of $865.00.