Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZBJL v Minister for Immigration and Citizenship [2007] FCA 1238
SZBJL v MINISTER FOR IMMIGRATION AND CITIZENSHIP AND REFUGEE REVIEW TRIBUNAL NSD 634 OF 2007
COWDROY J
17 AUGUST 2007
SYDNEY IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 634 OF 2007
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: SZBJL
Appellant
AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE: COWDROY J DATE OF ORDER: 17 AUGUST 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. Pursuant to Order 62 rule 4(2)(c) of the Federal Court Rules the Appellant pay the costs of the First Respondent in the sum of $2500. 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 634 OF 2007
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: SZBJL
Appellant
AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE: COWDROY J
DATE: 17 AUGUST 2007
PLACE: SYDNEY
REASONS FOR JUDGMENT 1 This is an appeal from a decision of Federal Magistrate Scarlett delivered on 23 March 2007 dismissing an Application for Review of a decision of the Refugee Review Tribunal ('the Tribunal') signed on 26 September 2006. The Tribunal affirmed the decision of a delegate of the then Minister for Immigration and Multicultural Affairs ('the Minister') not to grant a protection visa to the appellant.
LITIGATION HISTORY 2 The appellant is a citizen of Bangladesh who arrived in Australia on 15 March 2002. On 26 April 2002 the appellant lodged an application for a protection visa with the Department of Immigration and Multicultural and Indigenous Affairs ('the Department') as it was then named. The Minister refused the application for a protection visa on 18 June 2002. On 13 July 2002 the appellant applied to the Tribunal for a review of that decision. 3 In a decision delivered on 14 August 2003, the Tribunal affirmed the Minister's decision. An application for judicial review before Federal Magistrate Driver was dismissed on 10 May 2005 (see SZBJL v Minister for Immigration [2005] FMCA 612). However, on appeal to this Court, the decision of Driver FM was set aside and the Tribunal's decision was quashed by consent by Allsop J on 17 March 2006. The matter was referred back to the Tribunal reconstituted.
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