SZEGG v Minister for Immigration and Multicultural Affairs [2006] FCA 775

FEDERAL COURT OF AUSTRALIA

SZEGG v Minister for Immigration and Multicultural Affairs [2006] FCA 775 SZEGG v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS and REFUGEE REVIEW TRIBUNAL NSD 577 OF 2005 STONE J 22 JUNE 2006 SYDNEY IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 577 OF 2005

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: SZEGG

APPELLANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

FIRST RESPONDENT

REFUGEE REVIEW TRIBUNAL

SECOND RESPONDENT JUDGE: STONE J

DATE OF ORDER: 22 JUNE 2006

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The Refugee Review Tribunal be joined as a respondent to this appeal. 2. The appeal be dismissed with 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 577 OF 2005

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: SZEGG

APPELLANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

FIRST RESPONDENT

REFUGEE REVIEW TRIBUNAL

SECOND RESPONDENT

JUDGE: STONE J

DATE: 22 JUNE 2006

PLACE: SYDNEY

REASONS FOR JUDGMENT 1 This is an appeal from the judgment of Federal Magistrate Lloyd-Jones in which his Honour dismissed an application to review a decision of the Refugee Review Tribunal. In a decision made on 30 July 2004 the Tribunal had affirmed a decision of a delegate of the first respondent refusing to grant the appellant a protection (Class XA) visa. In accordance with the judgment of the High Court in SAAP v Minister for Immigration and Multicultural and Indigenous Affairs (2005) 215 ALR 162, the Tribunal will be joined as the second respondent to the appeal.