SZILU v Minister for Immigration and Citizenship [2007] FCA 1906

FEDERAL COURT OF AUSTRALIA

SZILU v Minister for Immigration and Citizenship [2007] FCA 1906

SZILU v MINISTER FOR IMMIGRATION AND CITIZENSHIP AND REFUGEE REVIEW TRIBUNAL NSD 1577 OF 2007

LINDGREN J

14 NOVEMBER 2007

SYDNEY IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 1577 OF 2007

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: SZILU

Appellant

AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

JUDGE: LINDGREN J DATE OF ORDER: 14 NOVEMBER 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. 3. The amount of the costs referred to in order 2 be fixed in a sum of $2200. 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 1577 OF 2007

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: SZILU

Appellant

AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

JUDGE: LINDGREN J

DATE: 14 NOVEMBER 2007

PLACE: SYDNEY

REASONS FOR JUDGMENT

INTRODUCTION 1 The appellant appeals from a judgment of the Federal Magistrates Court of Australia given on 23 July 2007. That Court dismissed the appellant's application for constitutional writs in respect of a decision of the second respondent (the Tribunal). The Tribunal had, in a decision signed on 8 March 2007 and handed down on 29 March 2007, affirmed a decision of a delegate of the first respondent (respectively the Delegate and the Minister) refusing to grant to the appellant a protection (Class XA) visa. 2 The second respondent submits to such order as the Court may make, save as to costs.