Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZISM v Minister for Immigration and Citizenship [2007] FCA 130 Federal Court of Australia Act 1976 (Cth) ss 25(2B)(bb)(ii), 25(2B)(bc) Migration Act 1958 (Cth) s s 424A(3)(9a)
SZISM v Minister for Immigration & Multicultural Affairs [2006] FMCA 1330 SZISM v MINISTER FOR IMMIGRATION AND CITIZENSHIP and REFUGEE REVIEW TRIBUNAL NSD 1772 OF 2006
NICHOLSON J
16 FEBRUARY 2007
SYDNEY IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 1772 OF 2006
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: SZISM
Appellant
AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE: NICHOLSON J
DATE OF ORDER: 16 FEBRUARY 2007
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. The Refugee Review Tribunal be joined as the second respondent. 2. The description of the first respondent be amended to 'Minister for Immigration and Citizenship'. 3. The appeal be dismissed. 4. 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 1772 OF 2006
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: SZISM
Appellant
AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE: NICHOLSON J
DATE: 16 FEBRUARY 2007
PLACE: SYDNEY
REASONS FOR JUDGMENT 1 This was brought on as an appeal from a decision of a Federal Magistrate (Scarlett FM) made on 24 August 2006: SZISM v Minister for Immigration & Multicultural Affairs [2006] FMCA 1330. In that decision, his Honour dismissed an application for review of a decision of the Refugee Review Tribunal (the Tribunal) dated 3 March 2006 and handed down on 23 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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