SZJMK v Minister for Immigration and Citizenship [2007] FCA 643

FEDERAL COURT OF AUSTRALIA

SZJMK v Minister for Immigration and Citizenship [2007] FCA 643 SZJMK v MINISTER FOR IMMIGRATION AND CITIZENSHIP AND REFUGEE REVIEW TRIBUNAL NSD 171 OF 2007

BESANKO J

4 MAY 2007

SYDNEY IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 171 OF 2007

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: SZJMK

Applicant

AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

JUDGE: BESANKO J DATE OF ORDER: 4 MAY 2007

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. The application for leave to appeal be dismissed. 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 171 OF 2007

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: SZJMK

Applicant

AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

JUDGE: BESANKO J

DATE: 4 MAY 2007

PLACE: SYDNEY

REASONS FOR JUDGMENT 1 This is an application for leave to appeal from orders made by a Federal Magistrate. The Magistrate made an order under r 44.12 of the Federal Magistrates Court Rules 2001 (Cth) ("Federal Magistrates Court Rules") dismissing the applicant's application to the Federal Magistrate's Court on the ground that he was not satisfied that the application had raised an arguable case for the relief claimed. Such an order is an interlocutory order: r 44.12(2) of the Federal Magistrates Court Rules. 2 In his application to the Federal Magistrates Court the applicant sought constitutional writs directed to the Refugee Review Tribunal ("the Tribunal") in relation to a decision of the Tribunal handed down on 12 September 2006. The Tribunal affirmed a decision of a delegate of the Minister for Immigration and Multicultural Affairs ("the Minister") not to grant a protection visa to the applicant.