SZJAR v Minister for Immigration and Citizenship [2007] FCA 462

FEDERAL COURT OF AUSTRALIA

SZJAR v Minister for Immigration and Citizenship [2007] FCA 462 SZJAR v MINSTER FOR IMMIGRATION AND CITIZENSHIP AND REFUGEE REVIEW TRIBUNAL NSD 2307 OF 2006

CONTI J

28 MARCH 2007

SYDNEY IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 2307 OF 2006

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: SZJAR

Appellant

AND: MINSTER FOR IMMIGRATION AND CITIZENSHIP

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

JUDGE: CONTI J DATE OF ORDER: 2 MARCH 2007

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. The name 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 proceedings. 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 2307 OF 2006

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: SZJAR

Appellant

AND: MINSTER FOR IMMIGRATION AND CITIZENSHIP

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

JUDGE: CONTI J

DATE: 28 march 2007

PLACE: SYDNEY

REASONS FOR JUDGMENT

Introduction 1 This is an appeal from a judgment of Federal Magistrate Scarlett delivered on 3 November 2006, whereby his Honour dismissed an application for review of a decision of the Refugee Review Tribunal ('the Tribunal'), handed down on 27 June 2006. The Tribunal affirmed the earlier decision of the delegate of the Minister for Immigration and Multicultural and Indigenous Affairs (as then designated), made on 15 February 2006 to refuse the appellant a Protection (Class XA) visa. The appellant is a citizen of India who arrived in Australia on 10 October 2005 on a temporary business visa.