SZIVI v Minister for Immigration and Citizenship [2007] FCA 606

FEDERAL COURT OF AUSTRALIA

SZIVI v Minister for Immigration and Citizenship [2007] FCA 606 SZIVI v MINISTER FOR IMMIGRATION AND CITIZENSHIP AND REFUGEE REVIEW TRIBUNAL NSD 2553 OF 2006

STONE J

1 MAY 2007

SYDNEY IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 2553 OF 2006

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA BETWEEN: SZIVI

Appellant

AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

JUDGE: STONE J DATE OF ORDER: 1 MAY 2007

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. The "Minister for Immigration and Citizenship" to be substituted for the "Minister for Immigration and Multicultural Affairs" as the first respondent to the appeal. 2. The appeal be dismissed. 3. The appellant pay the costs of the First Respondent in the sum of $1800.

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 2553 OF 2006

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA BETWEEN: SZIVI

Appellant

AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

JUDGE: STONE J

DATE: 1 MAY 2007

PLACE: SYDNEY

REASONS FOR JUDGMENT 1 The appellant, a citizen of the People's Republic of China arrived in Australia on 17 September 2005 and, shortly afterwards, lodged an application for a protection visa with the Department of Immigration and Multicultural Affairs which was received on 1 November 2005. Her application was refused in turn by a delegate of the first respondent and by the Tribunal. The appellant applied to the Federal Magistrates Court for judicial review of the Tribunal's decision. Her application was dismissed by the Federal Magistrate on 19 December 2006.