SZINA v Minister for Immigration and Citizenship [2007] FCA 715

FEDERAL COURT OF AUSTRALIA

SZINA v Minister for Immigration and Citizenship [2007] FCA 715 SZINA v MINISTER FOR IMMIGRATION AND CITIZENSHIP & REFUGEE REVIEW TRIBUNAL NSD 348 OF 2007

MIDDLETON J

11 MAY 2007

SYDNEY IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 348 OF 2007

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: SZINA

Appellant

AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

JUDGE: MIDDLETON J

DATE OF ORDER: 11 MAY 2007

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. The Refugee Review Tribunal be joined as the second respondent to the proceedings. 2. The appeal be dismissed. 3. The appellant pay the first respondent's costs of the proceedings. 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 348 OF 2007

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: SZINA

Appellant

AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

JUDGE: MIDDLETON J

DATE: 11 MAY 2007

PLACE: SYDNEY

REASONS FOR JUDGMENT 1 This is an appeal against a judgment of a federal magistrate of 20 February 2007dismissing an application for judicial review of a decision of the Refugee Review Tribunal ('the Tribunal') handed down on 16 February 2006. 2 The appellant is a citizen of the People's Republic of China who arrived in Australia on 22 September 2005. The appellant lodged an application for a protection visa with the Department of Immigration and Multicultural Affairs and a delegate of the first respondent refused the application on 3 November 2005. On 6 December 2005 the appellant applied to the Tribunal for a review of that decision.