Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZDCC v Minister for Immigration and Multicultural Affairs [2006] FCA 1327
MIGRATION – information not about the appellant Migration Act 1958 (Cth), s 424A SZDCC v Minister for Immigration and Multicultural and Indigenous Affairs [2006] FMCA 243upheld SCAA v Minister for Immigration and Multicultural and Indigenous Affairs [2002] FCA 668 cited VJAF v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCAFC 178 applied SZDCC v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS AND REFUGEE REVIEW TRIBUNAL NSD 515 OF 2006
GYLES J
13 OCTOBER 2006
SYDNEY IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 515 OF 2006
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: SZDCC
Appellant
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE: GYLES J
DATE OF ORDER: 13 OCTOBER 2006
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. The appeal be dismissed. 2. The appellant pay the costs of the first respondent. 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 515 OF 2006
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: SZDCC
Appellant
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE: GYLES J
DATE: 13 OCTOBER 2006
PLACE: SYDNEY
REASONS FOR JUDGMENT 1 This is an appeal from a decision of Emmett FM dismissing an application for relief in relation to a decision by the Refugee Review Tribunal that affirmed the decision of a delegate of the respondent Minister not to grant a protection visa pursuant to the Migration Act 1958 (Cth) (the Act) to the appellant (SZDCC v Minister for Immigration and Multicultural and Indigenous Affairs [2006] FMCA 243). The grounds of appeal are as follows: 'The Federal Magistrates Court failed to refer to previous court case at Federal Magistrates Court and refused my application. My friend's case was returned to RRT for reconsideration with the same reason and same grounds.
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