Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZHYU v Minister for Immigration and Citizenship [2007] FCA 356 SZHYU v MINISTER FOR IMMIGRATION AND CITIZENSHIP AND REFUGEE REVIEW TRIBUNAL NSD 2086 OF 2006
BESANKO J
13 FEBRUARY 2007
SYDNEY IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 2086 OF 2006
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: SZHYU
Appellant
AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE: BESANKO J DATE OF ORDER: 13 FEBRUARY 2007
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. The name of the respondent be amended from 'Minister for Immigration and Multicultural Affairs' to 'Minister for Immigration and Citizenship'. 2. The Refugee Review Tribunal be joined as the second respondent to the appeal. 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 2086 OF 2006
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: SZHYU
Appellant
AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE: BESANKO J
DATE: 13 FEBRUARY 2007
PLACE: SYDNEY
REASONS FOR JUDGMENT 1 This is an appeal from orders made by a Federal Magistrate. The appellant applied to the Federal Magistrates Court for constitutional writs in respect of a decision of the Refugee Review Tribunal ('the Tribunal'). The Federal Magistrate dismissed the application. The Tribunal had affirmed a decision of a delegate of the Minister for Immigration and Multicultural and Indigenous Affairs, refusing to grant a protection visa to the appellant. 2 The appellant is a citizen of the People's Republic of China. He arrived in Australia on 28 March 2005. On 20 April 2005 he lodged an application for a protection (class XA) visa with the Department of Immigration and Multicultural and Indigenous Affairs under the Migration Act 1958 (Cth) ('the Act'). On 5 August 2005 a delegate of the Minister for Immigration and Multicultural and Indigenous Affairs refused the appellant's application for a protection visa. On 6 September 2005 the appellant applied to the Tribunal for a review of that decision.
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