SZGBV v Minister for Immigration and Citizenship [2007] FCA 107

FEDERAL COURT OF AUSTRALIA

SZGBV v Minister for Immigration and Citizenship [2007] FCA 107 Migration Act 1958 (Cth) ss 91R, 424A, 477(1A) NAJT v Minister for Immigration & Multicultural & Indigenous Affairs (2005) 147 FCR 51 Minister for Immigration and Multicultural and Indigenous Affairs v NAMW (2004) 140 FCR 572 SZGBV v MINISTER FOR IMMIGRATION AND CITIZENSHIP and REFUGEE REVIEW TRIBUNAL NSD 2166 OF 2006

NICHOLSON J

14 FEBRUARY 2007

SYDNEY IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 2166 OF 2006

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA BETWEEN: SZGBV

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 2166 OF 2006

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA BETWEEN: SZGBV

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 in respect of a decision of a Federal Magistrate (Nicholls FM) made on 16 October 2006 dismissing an application for judicial review of a decision of the Refugee Review Tribunal (the Tribunal) of 29 October 2002. In that decision the Tribunal affirmed a decision of a delegate of the first respondent to refuse to grant a protection (class XA) visa to the appellant.