Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZGRC v Minister for Immigration and Multicultural Affairs [2006] FCA 729
MIGRATION – no point of principle SZGRC v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS AND THE REFUGEE REVIEW TRIBUNAL NSD 2600 of 2005 MOORE J 7 JUNE 2006 SYDNEY IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 2600 OF 2005
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT
BETWEEN: SZGRC
APPELLANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
FIRST RESPONDENT
REFUGEE REVIEW TRIBUNAL
SECOND RESPONDENT
JUDGE: MOORE J
DATE OF ORDER: 7 JUNE 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 2600 OF 2005
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT
BETWEEN: SZGRC
APPELLANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
FIRST RESPONDENT
REFUGEE REVIEW TRIBUNAL
SECOND RESPONDENT
JUDGE: MOORE J
DATE: 7 JUNE 2006
PLACE: SYDNEY
REASONS FOR JUDGMENT 1 This is an appeal from a decision of Lloyd-Jones FM of 30 November 2005: SZGRC v Minister for Immigration [2005] FMCA 1752. The Minister for Immigration and Multicultural Affairs conceded that there was jurisdictional error in the decision of the Refugee Review Tribunal ("the Tribunal") of 25 February 1999. Nonetheless, his Honour refused relief on the basis of the appellant's unwarrantable delay in bringing the application for review to the Federal Magistrates Court. The Tribunal had affirmed the decision of a delegate of the Minister of 20 October 1997 refusing to grant the appellant a protection visa. 2 The appellant claimed to be a citizen of the People's Republic of China who had arrived in Australia on 30 August 1997. He applied for a protection visa on 19 September 1997. In his application, in response to the four major questions under the section "Your reasons for claiming to be a refugee", was written "Please refer to the statement that will be provide [sic] later". No such statement was received by the Department of Immigration and Multicultural Affairs ("the Department"). On 20 October 1997, the Department wrote to the appellant advising that his application had been refused essentially for the reason that the appellant had not made any claims in relation to having a well founded fear of Convention based persecution.
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