Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZHJZ v Minister for Immigration and Citizenship [2007] FCA 1843
SZHJZ v MINISTER FOR IMMIGRATION AND CITIZENSHIP and REFUGEE REVIEW TRIBUNAL NSD 1717 OF 2007
EDMONDS J
28 NOVEMBER 2007
SYDNEY IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 1717 OF 2007
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: SZHJZ
Appellant
AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE: EDMONDS J DATE OF ORDER: 28 NOVEMBER 2007
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. The appeal be dismissed. 2. The appellant pay the first respondent's 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 1717 OF 2007
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: SZHJZ
Appellant
AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE: EDMONDS J
DATE: 28 NOVEMBER 2007
PLACE: SYDNEY
REASONS FOR JUDGMENT
INTRODUCTION 1 This is an appeal from the Federal Magistrates Court (Nichols FM) (SZHJZ v Minister for Immigration and Citizenship [2007] FMCA 1184) dismissing an application for judicial review of a decision of the Refugee Review Tribunal (the Tribunal) affirming a decision of a delegate of the first respondent (the Minister) to refuse to grant the appellant a protection visa.
BACKGROUND 2 The appellant is a citizen of India. He arrived in Australia on 10 October 2002. On 17 November 2003, he lodged an application for a protection visa with the Department of Immigration and Citizenship. On 9 December 2003 a delegate of the Minister refused to grant him a protection visa. On 13 January 2004, the appellant applied for a review of that decision to the Tribunal. After an earlier decision of the Tribunal was set aside by consent by Hill J on 27 June 2005 (on appeal from SZDSB v Minister for Immigration and Citizenship [2005] FMCA 203 (Smith FM)), the Tribunal held a hearing on 2 September 2005, and handed down its decision on 27 September 2005.
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