Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZIQH v Minister for Immigration and Citizenship [2007] FCA 106 Re Minister for Immigration and Multicultural Affairs; Ex parte applicant S20/2002 (2003) 198 ALR 59 Re Refugee Tribunal; Ex parte H (2001) 179 ALR 425 SZIQH v Minister for Immigration & Multicultural Affairs [2006] FMCA 1489 SZIQH v MINISTER FOR IMMIGRATION AND CITIZENSHIP and REFUGEE REVIEW TRIBUNAL NSD 1971 OF 2006
NICHOLSON J
14 FEBRUARY 2007
SYDNEY IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 1971 OF 2006
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: SZIQH
Appellant
AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE: NICHOLSON J
DATE OF ORDER: 14 FEBRUARY 2007
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. The description of the first respondent be amended to 'Minister for Immigration and Citizenship'. 2. The appeal be dismissed. 3. 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 1971 OF 2006
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: SZIQH
Appellant
AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE: NICHOLSON J
DATE: 14 FEBRUARY 2007
PLACE: SYDNEY
REASONS FOR JUDGMENT 1 This is an appeal from a decision of a Federal Magistrate (Scarlett FM) made on 25 September 2006: SZIQH v Minister for Immigration & Multicultural Affairs [2006] FMCA 1489. In that decision, his Honour dismissed an application for review of a decision of the Refugee Review Tribunal (the Tribunal) dated 28 February 2006 and handed down on 21 March 2006. In that decision the Tribunal affirmed the decision of a delegate of the first respondent not to grant a protection (class XA) visa to the appellant pursuant to the provisions of the Migration Act 1958 (Cth) (the Act).
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