SZJJL v Minister for Immigration and Citizenship [2007] FCA 783

FEDERAL COURT OF AUSTRALIA

SZJJL v Minister for Immigration and Citizenship [2007] FCA 783 SZJJL v MINISTER FOR IMMIGRATION AND CITIZENSHIP AND REFUGEE REVIEW TRIBUNAL NSD 337 OF 2007

CONTI J

24 MAY 2007

SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 337 OF 2007

BETWEEN: SZJJL

Appellant

AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

JUDGE: CONTI J DATE OF ORDER: 24 MAY 2007

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. The appeal be dismissed. 2. The appellant pay the first respondent's costs of the appeal. 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 337 OF 2007

BETWEEN: SZJJL

Appellant

AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

JUDGE: CONTI J

DATE: 24 MAY 2007

PLACE: SYDNEY

REASONS FOR JUDGMENT

Introduction 1 This is an appeal against the judgment and orders of Federal Magistrate Scarlett delivered on 16 February 2007, whereby his Honour dismissed the appellant's application for judicial review of a decision of the Refugee Review Tribunal ('the Tribunal') made on 2 August 2006 and handed down on 22 August 2006. The Tribunal had earlier affirmed the decision of a delegate of the Minister for Immigration and Multicultural Affairs (as the Minister was then designated), made on 19 May 2006, not to grant the applicant a protection visa. 2 The appellant is a citizen of India. He arrived in Australia on 13 March 2006 and applied to the Department of Immigration and Multicultural Affairs for a protection (Class XA) visa on 11 April 2006.