Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZCUW v Minister for Immigration & Multicultural Affairs [2006] 1631 SZCUW v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS AND REFUGEE REVIEW TRIBUNAL NSD 1398 OF 2006
EDMONDS J
28 NOVEMBER 2006
SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 1398 OF 2006
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: SZCUW
Applicant
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE: EDMONDS J DATE OF ORDER: 28 NOVEMBER 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 1398 OF 2006
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: SZCUW
Applicant
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE: EDMONDS J
DATE: 28 NOVEMBER 2006
PLACE: SYDNEY
REASONS FOR JUDGMENT
Introduction 1 This is an appeal from the Federal Magistrates Court (Driver FM): [2006] FMCA 563 dismissing an application for review of a decision of the second respondent ('the Tribunal') affirming a decision of a delegate of the first respondent ('the Minister') to refuse to grant the appellant a protection visa.
Background 2 His Honour adopted the following background information from the respective written submissions filed below: (1) On 2 July 1992 the appellant, a 51 year old citizen of Pakistan, arrived in Australia. (2) In March 1996 the appellant applied for a protection visa. (3) In July 1996 the appellant attended an interview by the Minister's delegate. (4) On 22 July 1996 a delegate of the first respondent refused the grant of a protection visa. On 8 August 1996 the appellant applied for a review of the delegate's decision by the Tribunal. (5) On 30 October 1997 the appellant attended a Tribunal hearing at which he gave evidence. On 16 December 1997 the Tribunal handed down a decision made on 15 December 1997 affirming the delegate's decision not to grant a protection visa. (6) Between 24 October 1997 and 20 February 2004, the appellant pursued various class actions including the Rosco class action in this Court and the High Court, and the Muin & Lie class action in the High Court (later remitted to this Court where it concluded). (7) Following the conclusion of the Muin & Lie class action on 20 February 2004, the appellant thereafter commenced the present proceedings on 27 February 2004.
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