Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZKED v Minister for Immigration & Citizenship [2007] FCA 1206 SZKED v MINISTER FOR IMMIGRATION AND CITIZENSHIP AND REFUGEE REVIEW TRIBUNAL NSD 929 OF 2007
GILMOUR J
9 AUGUST 2007
SYDNEY IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 929 OF 2007
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: SZKED
Appellant
AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE: GILMOUR J DATE OF ORDER: 9 AUGUST 2007
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. The appeal be dismissed. 2. The appellant pay the first respondent's costs fixed at $1,200. 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 929 OF 2007
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: SZKED
Appellant
AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE: GILMOUR J
DATE: 9 AUGUST 2007
PLACE: SYDNEY
REASONS FOR JUDGMENT 1 This is an appeal from a judgment of a Federal Magistrate of 9 May 2007 dismissing an application for judicial review of a decision of the Refugee Review Tribunal ('the Tribunal') dated 6 December 2006 and handed down on 4 January 2007. The Tribunal had affirmed a decision of a delegate of the then Minister for Immigration and Multicultural Affairs to refuse grant of a protection visa to the appellant.
BACKGROUND 2 The appellant is a citizen of the People's Republic of China who most recently arrived in Australia on 29 August 2004. On 31 August 2004 the appellant lodged an application for a protection visa and on 10 September 2004 a delegate of the first respondent refused that application. On 12 October 2004 the appellant applied to the Tribunal for a review of that decision. The appellant did not attend a hearing before the Tribunal previously constituted. TheTribunal, differently constituted, affirmed the delegate's decision on 26 November 2004. The appellant sought review of the Tribunal's decision by the Federal Magistrates Court and on 27 September 2006, the Federal Magistrates Court set aside that decision and remitted the matter to the Tribunal to be determined according to law.
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