SZJIP v Minister for Immigration & Multicultural Affairs [2007] FCA 694

FEDERAL COURT OF AUSTRALIA

SZJIP v Minister for Immigration & Multicultural Affairs [2007] FCA 694 SZJIP v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS AND REFUGEE REVIEW TRIBUNAL NSD 328 OF 2007

EDMONDS J

11 MAY 2007

SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 328 OF 2007

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: SZJIP

Appellant

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

JUDGE: EDMONDS J DATE OF ORDER: 11 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 328 OF 2007

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: SZJIP

Appellant

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

JUDGE: EDMONDS J

DATE: 11 MAY 2007

PLACE: SYDNEY

REASONS FOR JUDGMENT

Introduction 1 This is an appeal from the Federal Magistrates Court (Emmett 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') refusing an application for a protection (class XA) visa. 2 The appellant, who claims to be a citizen of Pakistan, arrived in Australia on 25 January 2006 and lodged an application for a protection visa on 9 March 2006. A delegate of the Minister refused the application on 22 May 2006. On 16 June 2006 the appellant applied to the Tribunal for a review of that decision.