SZKNE v Minister for Immigration and Citizenship [2007] FCA 1651

FEDERAL COURT OF AUSTRALIA

SZKNE v Minister for Immigration and Citizenship [2007] FCA 1651 SZKNE v REFUGEE REVIEW TRIBUNAL AND MINISTER FOR IMMIGRATION AND CITIZENSHIP NSD 1586 OF 2007

MIDDLETON J

29 October 2007

SYDNEY IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 1586 OF 2007

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: SZKNE

Appellant

AND: REFUGEE REVIEW TRIBUNAL

First Respondent

MINISTER FOR IMMIGRATION AND CITIZENSHIP

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 1586 OF 2007

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: SZKNE

Appellant

AND: REFUGEE REVIEW TRIBUNAL

First Respondent

MINISTER FOR IMMIGRATION AND CITIZENSHIP

Second Respondent

JUDGE: MIDDLETON J

DATE: 29 OCTOBER 2007

PLACE: SYDNEY

REASONS FOR JUDGMENT 1 This is an appeal against a judgment of a Federal Magistrate of 23 July 2007 dismissing an application for judicial review of a decision of the Refugee Review Tribunal ('the Tribunal') signed on 26 February 2007 and handed down on 15 March 2007. 2 The appellant is a citizen of Indonesia who arrived in Australia on 3 November 2006 as a holder of a visitor's visa issued on 9 August 2006. The appellant lodged an application for a protection visa with the Department of Immigration and Multicultural Affairs (as it was then known) on 28 November 2006 and a delegate of the first respondent refused the application on 16 December 2006. On 16 January 2007 the appellant applied to the Tribunal for a review of that decision.