Federal Court of Australia
FEDERAL COURT OF AUSTRALIA SZJGO v Minister for Immigration and Citizenship [2007] FCA 609
MIGRATION – appeal from decision of the Federal Magistrates Court – application for a protection visa – whether jurisdictional error – no point of principle. Migration Act 1958 (Cth), s 36(2) Abebe v Commonwealth (1999) 197 CLR 510 cited Minister for Immigration and Ethnic Affairsv Wu Shan Liang (1996) 185 CLR 259 cited Re Minister; Ex parte Durairajasingham (2000) 168 ALR 407 cited W148/00A v Minister (2001) 185 ALR 703 cited WAEE v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCAFC 184 cited SZJGO v MINISTER FOR IMMIGRATION AND CITIZENSHIP and REFUGEE REVIEW TRIBUNAL NSD 25 OF 2007
GILMOUR J
30 APRIL 2007
SYDNEY IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 25 OF 2007
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: SZJGO
Appellant
AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE: GILMOUR J DATE OF ORDER: 30 April 2007
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. The appeal be dismissed. 2. The name of the first respondent be amended to Minister for Immigration and Citizenship. 3. The appellant pay the costs of the first respondent, fixed at $2,800.00.
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 25 OF 2007
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: SZJGO
Appellant
AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE: GILMOUR J
DATE: 30 APRIL 2007
PLACE: SYDNEY
REASONS FOR JUDGMENT 1 This is an appeal from a judgment of a Federal Magistrate of18 December 2006 dismissing an application for judicial review of a decision of the Refugee Review Tribunal ('the Tribunal') dated 12 July 2006 and delivered on 25 July 2006. The Tribunal had affirmed a decision of the delegate of the then Minister for Immigration and Multicultural Affairs under the Migration Act 1958 (Cth) ('the Act') to refuse to grant a protection visa to the appellant.
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