SZHKC v Minister for Immigration and Citizenship [2007] FCA 1297

FEDERAL COURT OF AUSTRALIA

SZHKC v Minister for Immigration and Citizenship [2007] FCA 1297

SZHKC v MINISTER FOR IMMIGRATION AND CITIZENSHIP AND REFUGEE REVIEW TRIBUNAL NSD 613 OF 2007

BESANKO J

3 AUGUST 2007

SYDNEY IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 613 OF 2007

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: SZHKC

Appellant

AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

JUDGE: BESANKO J

DATE OF ORDER: 3 AUGUST 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 613 OF 2007

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: SZHKC

Appellant

AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

JUDGE: BESANKO J

DATE: 3 AUGUST 2007

PLACE: SYDNEY

REASONS FOR JUDGMENT 1 This is an appeal from an order made by a Federal Magistrate. The Magistrate dismissed the appellant's application for constitutional writs in relation to a decision of the Refugee Review Tribunal. 2 The appellant is a national of the People's Republic of China. He arrived in Australia on 11 December 2004 and, on 15 December 2004, he lodged an application for a Protection (class XA) visa with the Department of Immigration and Multicultural and Indigenous Affairs under the Migration Act 1958 (Cth) ("the Act"). On 24 March 2005, a delegate of the Minister for Immigration and Multicultural and Indigenous Affairs refused to grant a protection visa to the appellant. 3 On 27 April 2005, the appellant applied to the Tribunal for a review of that decision.