SZGYF v Minister for Immigration and Multicultural Affairs [2006] FCA 1085

FEDERAL COURT OF AUSTRALIA

SZGYF v Minister for immigration and Multicultural Affairs [2006] FCA 1085

MIGRATION – appeal from decision of a Federal Magistrate – no matter of principle Held: Appeal dismissed Migration Act 1958 (Cth) s 426A SZGYF v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS AND REFUGEE REVIEW TRIBUNAL NSD 527 OF 2006

COLLIER J

18 AUGUST 2006

BRISBANE IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY NSD 527 OF 2006

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: SZGYF

Appellant

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

JUDGE: COLLIER J

DATE OF ORDER: 18 AUGUST 2006

WHERE MADE: BRISBANE

THE COURT ORDERS THAT:

1. The appeal be dismissed. 2. The appellant pay the costs of the first respondent fixed at the sum of $1500. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY NSD 527 OF 2006

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: SZGYF

Appellant

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

JUDGE: COLLIER J

DATE: 18 AUGUST 2006

PLACE: BRISBANE

REASONS FOR JUDGMENT 1 This is an appeal against a judgment of Smith FM of 21 February 2006 dismissing an application for judicial review of a decision of the Refugee Review Tribunal ('the Tribunal') of 23 June 2005 which was handed down on the 12 July 2005. The Tribunal's decision affirmed the decision of a delegate of the Minister for Immigration and Multicultural Affairs made on 28 February 2005 to refuse to grant a protection visa to the appellant.