Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZJLC v Minister for Immigration and Citizenship [2007] FCA 670 SZJLC v MINISTER FOR IMMIGRATION AND CITIZENSHIP AND REFUGEE REVIEW TRIBUNAL NSD 15 OF 2007
BRANSON J
2 MAY 2007
SYDNEY IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 15 OF 2007
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: SZJLC
Applicant
AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE: BRANSON J DATE OF ORDER: 2 MAY 2007
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. The name of the respondent be changed to Minister for Immigration & Citizenship. 2. The application for leave to appeal be dismissed. 3. The applicant pay the first respondent's costs fixed in the amount of $400.00. 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 15 OF 2007
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: SZJLC
Applicant
AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE: BRANSON J
DATE: 2 MAY 2007
PLACE: SYDNEY
REASONS FOR JUDGMENT
Introduction 1 The applicant is a citizen of India who arrived in Australia in December 2005. His application to the then Department of Immigration and Multicultural and Indigenous Affairs for a protection visa was refused by a delegate of the Minister on 5 May 2006. The Refugee Review Tribunal affirmed the delegate's decision on 15 August 2006, and the applicant then sought review of the Tribunal's decision in the Federal Magistrates Court. The learned Federal Magistrate dismissed the application to show cause on 20 December 2006 pursuant to rule 44.12 of the Federal Magistrates Court Rules 2001 (Cth). The applicant filed an application in this Court on 4 January 2007 seeking leave to appeal from the decision of the Federal Magistrates Court.
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