Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZFVE v Minister for Immigration & Multicultural Affairs [2006] FCA 1008
SZFVE v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS AND REFUGEE REVIEW TRIBUNAL No NSD 767 of 2006
FINN J
4 AUGUST 2006
SYDNEY IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 767 OF 2006
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: SZFVE
Appellant
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE: FINN J
DATE OF ORDER: 4 AUGUST 2006
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. The appeal be dismissed. 2. The appellant pay the first respondent's costs of the appeal. 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 767 OF 2006
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: SZFVE
Appellant
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE: FINN J
DATE: 4 AUGUST 2006
PLACE: SYDNEY
REASONS FOR JUDGMENT 1 This is an appeal against a decision of a Federal Magistrate dismissing an application for judicial review of a decision of the Refugee Review Tribunal refusing an application for a protection visa under the Migration Act 1958 (Cth). 2 The appellant, a Pakistani national, is not legally represented. His Notice of Appeal is uninformative and unparticularised. It alleges first that the Federal Magistrate "wrongly applied the law to the facts as found in relation to the seriousness of harm that constitutes persecution" and by so doing "made denial of natural justice and therefore committed jurisdictional error"; and secondly, the Tribunal "failed to follow proper procedure in accordance with the law and procedure and thereby committed jurisdictional error". Though directions were given as to the filing of written submissions, none have been filed by the appellant. He nonetheless made oral submissions at the hearing of this appeal to which I will refer below.
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