Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZDCE v Minister for Immigration & Citizenship [2007] FCA 625
SZDCE v MINISTER FOR IMMIGRATION AND CITIZENSHIP AND REFUGEE REVIEW TRIBUNAL NSD 165 OF 2007
EDMONDS J
3 MAY 2007
SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 165 of 2007
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: SZDCE
Appellant
AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE: EDMONDS J DATE OF ORDER: 3 MAY 2007
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. The appeal be dismissed. 2. The appellant pay the first respondent's costs. 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 165 of 2007
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: SZDCE
Appellant
AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE: EDMONDS J
DATE: 3 MAY 2007
PLACE: SYDNEY
REASONS FOR JUDGMENT
Introduction 1 This is an appeal from the Federal Magistrates Court (Smith FM) dismissing an application for review of a decision of the second respondent ('the Tribunal') affirming a decision of a delegate of the first respondent ('the Minister') to refuse the appellant a protection visa.
BACKGROUND 2 The appellant is a citizen of Bangladesh who arrived in Australia on 11 August 2003 and lodged an application with the Minister's Department for a protection visa on 23 September 2003. On 10 October 2003 a delegate of the Minister refused to grant the protection visa and, on 6 November 2003, the appellant applied for a review of that decision. 3 The Tribunal affirmed the decision of the delegate. That decision was quashed by the Federal Magistrates Court and the matter was remitted back to the Tribunal for consideration according to law. 4 On 17 February 2006 the appellant was invited by letter to attend a hearing before the Tribunal on 16 March 2006. The appellant attended the hearing and gave oral evidence. On 11 May 2006 the Tribunal made a decision affirming the delegate's decision. 5 The application for review of the Tribunal's decision was filed in the Federal Magistrates Court on 20 June 2006. On 7 September 2006 the appellant filed an amended application. On 19 January 2007 Smith FM dismissed the application: SZDCE v Minister for Immigration & Citizenship [2007] FMC 76. 6 On 7 February 2007 the appellant filed her notice of appeal in this Court.
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