SZGPV v Minister for Immigration and Citizenship and Another [2007] FCA 118

FEDERAL COURT OF AUSTRALIA

SZGPV v Minister for Immigration and Citizenship and Another [2007] FCA 118 SZGPV v MINISTER FOR IMMIGRATION AND CITIZENSHIP AND REFUGEE REVIEW TRIBUNAL NSD 1884 OF 2006

COWDROY J

15 FEBRUARY 2007

SYDNEY IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 1884 OF 2006

BETWEEN: SZGPV

Appellant

AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

JUDGE: COWDROY J DATE OF ORDER: 15 FEBRUARY 2007

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. The application for leave to appeal be dismissed. 2. The appellant pay the costs of the First Respondent in the sum of $2200 pursuant to Order 62 Rule 4(2)(c) of the Federal Court Rules. 3. The name of the First Respondent be amended to 'Minister for Immigration and Citizenship'. 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 1884 OF 2006

BETWEEN: SZGPV

Appellant

AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

JUDGE: COWDROY J

DATE: 15 FEBRUARY 2007

PLACE: SYDNEY

REASONS FOR JUDGMENT 1 The appellant sought leave to appeal from a decision of Federal Magistrate Emmett delivered on 13 September 2006. The application before Emmet FM sought judicial review of a decision of the Refugee Review Tribunal ('the Tribunal') of 16 May 2005 to refuse to grant a Protection visa to the appellant. 2 The Court notes that the decision of Emmet FM was not an interlocutory decision and as such leave is not required to bring an appeal to this Court. As such the Court will treat these proceedings as an appeal. 3 The Tribunal, differently constituted, had previously affirmed the decision of a delegate of the Minister for Immigration and Multicultural Affairs ('the Minister') on 15 April 2004 to refuse the grant of a Protection visa to the appellant. On 21 December 2004, Smith FM remitted the matter to the Tribunal for reconsideration. The matter before this Court concerns the second Tribunal decision.