Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZIML v Minister for Immigration and Citizenship [2007] FCA 1641
SZIML v MINISTER FOR IMMIGRATION AND CITIZENSHIP AND REFUGEE REVIEW TRIBUNAL NSD 1511 OF 2007
MIDDLETON J
29 October 2007
SYDNEY IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 1511 OF 2007
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: SZIML
Appellant
AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE: MIDDLETON J DATE OF ORDER: 29 OCTOBER 2007
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. The appeal be dismissed with costs.
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 1511 OF 2007
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: SZIML
Appellant
AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE: MIDDLETON J
DATE: 29 October 2007
PLACE: SYDNEY
REASONS FOR JUDGMENT
BACKGROUND 1 This is an appeal against a judgment of a Federal Magistrate of 16 July 2007 dismissing an application for judicial review of a decision of the Refugee Review Tribunal ('the Tribunal') signed on 7 January 2007 and handed down on 25 January 2007. 2 The appellant is a citizen of Indonesia who arrived in Australia on 25 August 2005. The appellant lodged an application for a protection visa with the Department of Immigration and Multicultural and Indigenous Affairs (as it was then known) and a delegate of the first respondent refused the application on 23 September 2005. On 18 November 2005 the appellant applied to the Tribunal for a review of that decision, and on 18 January 2006 the Tribunal affirmed the delegate's decision not to grant a protection visa. The applicant then made an application in the Federal Magistrates Court for judicial review of the Tribunal's decision, as a result of which the matter was remitted to the Tribunal for redetermination. The Tribunal, differently constituted, affirmed the delegate's decision. The applicant then applied to the Federal Magistrates Court for judicial review of the Tribunal's second decision, which application was dismissed on 16 July 2007. It is that decision which is the subject of the current appeal.
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