Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZKAH v Minister for Immigration & Citizenship [2007] FCA 837 SZKAH v MINISTER FOR IMMIGRATION & CITIZENSHIP NSD386 OF 2007
EMMETT J
8 MAY 2007
SYDNEY IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD386 OF 2007
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: SZKAH
Appellant
AND: MINISTER FOR IMMIGRATION & CITIZENSHIP
Respondent
JUDGE: EMMETT J DATE OF ORDER: 8 MAY 2007
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. The name of the Respondent be changed to Minister for Immigration and Citizenship. 2. The application be dismissed. 3. The Applicant pay the Respondent's costs in the sum of $800. 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 NSD386 OF 2007
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: SZKAH
Appellant
AND: MINISTER FOR IMMIGRATION & CITIZENSHIP
Respondent
JUDGE: EMMETT J
DATE: 8 MAY 2007
PLACE: SYDNEY
REASONS FOR JUDGMENT 1 The applicant seeks leave to appeal from orders of the Federal Magistrates Court dismissing an application for judicial review of a decision of the Refugee Review Tribunal (the Tribunal). The applicant is a citizen of China who arrived in Australia on 12 April 2006. He applied for a protection (Class XA) visa under the Migration Act 1958 (Cth) on 19 April 2006. A delegate of the first respondent, the Minister for Immigration and Citizenship (the Minister) refused to grant a visa on 7 July 2006. The applicant then applied on 8 August 2006 for review of the delegate's decision by the Refugee Review Tribunal (the Tribunal). The Tribunal affirmed the decision not to grant a protection visa on 20 November 2006. 2 The reasons of the Tribunal were published on 14 December. Having commenced a proceeding in the Federal Magistrates Court seeking constitutional writ relief in respect of the Tribunal's decision, the applicant filed an amended application on 27 February 2007. On that day the Federal Magistrates Court ordered that the proceedings be dismissed on the basis that it disclosed no arguable case for the relief claimed. 3 In the amended application the grounds were as follows: "(1) the Tribunal failed to carry out its statutory duty.
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