Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZCZZ v Minister for Immigration and Citizenship [2007] FCA 712
SZCZZ v MINISTER FOR IMMIGRATION AND CITIZENSHIP AND REFUGEE REVIEW TRIBUNAL NSD 351 OF 2007
COWDROY J
25 MAY 2007
SYDNEY IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 351 OF 2007
BETWEEN: SZCZZ
Applicant
AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE: COWDROY J DATE OF ORDER: 25 MAY 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 Refugee Review Tribunal be joined as the second respondent. 3. The application for leave to appeal be dismissed. 4. The applicant pay the costs of the first respondent. 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 351 OF 2007
BETWEEN: SZCZZ
Applicant
AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE: COWDROY J
DATE: 25 MAY 2007
PLACE: SYDNEY
REASONS FOR JUDGMENT 1 The applicant is a citizen of India who arrived in Australia on 17 July 2003. On 20 August 2003 the applicant lodged an application for a protection visa with the Department of Immigration and Multicultural Affairs ('the Department'). A delegate of the Minister for Immigration and Multicultural Affairs ('the Minister') refused the application for a protection visa on 21 October 2003. On 17 November 2003 the applicant applied to the Refugee Review Tribunal ('the Tribunal') for a review of that decision. In a decision handed down on 24 February 2004, the Tribunal affirmed the Minister's decision ('first decision'). 2 On 21 April 2006 Federal Magistrate Driver quashed the first decision of the Tribunal and remitted the matter to the Tribunal for reconsideration. On 17 October 2006 the Tribunal, constituted by the same member handed down a decision which again affirmed the decision of the Minister ('the second decision'). The applicant then lodged an application in the Federal Magistrates Court for judicial review of the second decision. On 26 February 2007 Federal Magistrate Turner dismissed the application. The applicant filed a Notice of Appeal from that decision in this Court.
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