SZJWO v Minister for Immigration and Citizenship [2007] FCA 1267

FEDERAL COURT OF AUSTRALIA

SZJWO v Minister for Immigration and Citizenship [2007] FCA 1267 SZJWO v MINISTER FOR IMMIGRATION AND CITIZENSHIP AND REFUGEE REVIEW TRIBUNAL NSD 780 OF 2007

NORTH J

31 JULY 2007

SYDNEY IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 780 OF 2007

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: SZJWO

Appellant

AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

JUDGE: NORTH J DATE OF ORDER: 31 JULY 2007

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: (1) the appeal be dismissed. (2) the appellant pay the first respondent the costs of the appeal fixed at $2100. 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 780 OF 2007

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: SZJWO

Appellant

AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

JUDGE: NORTH J

DATE: 31 JULY 2007

PLACE: SYDNEY

REASONS FOR JUDGMENT 1 Before the Court is an appeal against orders of the Federal Magistrates Court made on 16 April 2007. The Federal Magistrate dismissed an application for review of a decision of the Refugee Review Tribunal which was signed on 31 October 2006. The Tribunal affirmed a decision of the delegate of the first respondent, the then named Minister for Immigration and Multicultural Affairs, the first respondent, not to grant the appellant a protection visa. 2 The appellant is a national of Bangladesh who arrived in Australia on 8 July 2002. A previous decision of the Tribunal differently constituted made on 23 December 2003 which affirmed the delegate's decision, was set aside by the Federal Magistrates Court on 3 May 2006.