SZIQS v Minister for Immigration & Multicultural Affairs [2007] FCA 158

FEDERAL COURT OF AUSTRALIA

SZIQS v Minister for Immigration & Multicultural Affairs [2007] FCA 158 SZIQS v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS AND REFUGEE REVIEW TRIBUNAL NSD 1992 OF 2006

CONTI J

20 FEBRUARY 2007

SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 1992 OF 2006

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: SZIQS

Appellant

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

JUDGE: CONTI J DATE OF ORDER: 14 FEBRUARY 2007

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. The appeal be dismissed. 2. 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 1992 OF 2006

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: SZIQS

Appellant

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

JUDGE: CONTI J

DATE: 20 FEBRUARY 2007

PLACE: SYDNEY

REASONS FOR JUDGMENT 1 This is an appeal against the judgment of Federal Magistrate Scarlett, delivered on 29 September 2006, which dismissed an application for judicial review of the decision of the Refugee Review Tribunal ('the Tribunal') given on 6 March 2006 and handed down on 23 March 2006. The Tribunal had affirmed the decision of a delegate of the Minister for Immigration and Multicultural and Indigenous Affairs (as then designated), made on 20 December 2005, to refuse the grant of a protection visa to the appellant. The visa application was made on 30 November 2005, following the appellant's arrival in Australia on 2 October 2005.