SZJGE v Minister for Immigration & Citizenship [2007] FCA 612

FEDERAL COURT OF AUSTRALIA

SZJGE v Minister for Immigration & Citizenship [2007] FCA 612

MIGRATION - appeal from decision of Federal Magistrate - application for protection visa - whether appellant had an adequate opportunity to present his case - no jurisdictional error – no point of principle. Migration Act 1958 (Cth), ss 424A, 425 SZJGE v MINISTER FOR IMMIGRATION AND CITIZENSHIP and REFUGEE REVIEW TRIBUNAL NSD 2548 OF 2006

GILMOUR J

30 APRIL 2007

SYDNEY IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 2548 OF 2006

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: SZJGE

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 name of the first respondent be amended to "Minister for Immigration and Citizenship". 2. The appeal be dismissed. 3. The appellant pay the costs of the first respondent, fixed at $550.00. 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 2548 OF 2006

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: SZJGE

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 of 11 December 2006 dismissing an application for judicial review of a decision of the Refugee Review Tribunal ('the Tribunal') dated 21 June 2006 and handed down on 13 July 2006. The Tribunal had affirmed a decision of a delegate of the then Minister for Immigration and Multicultural and Indigenous Affairs to refuse to grant a protection visa to the appellant.