SZJXX v Minister for Immigration and Citizenship [2007] FCA 1948

FEDERAL COURT OF AUSTRALIA

SZJXX v Minister for Immigration and Citizenship [2007] FCA 1948

SZJXX v MINISTER FOR IMMIGRATION AND CITIZENSHIP AND REFUGEE REVIEW TRIBUNAL NSD 1526 OF 2007

FLICK J

15 NOVEMBER 2007

SYDNEY IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 1526 OF 2007

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: SZJXX

Appellant

AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

JUDGE: FLICK J

DATE OF ORDER: 15 NOVEMBER 2007

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. The appeal is dismissed. 2. The Appellant is to pay the costs of the First Respondent fixed at $2500. 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 1526 OF 2007

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: SZJXX

Appellant

AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

JUDGE: FLICK J

DATE: 15 NOVEMBER 2007

PLACE: SYDNEY

REASONS FOR JUDGMENT 1 This is an appeal from the decision of the Federal Magistrates Court given on 20 July 2007. That Court dismissed an Application seeking to review a decision of the Refugee Review Tribunal handed down on 5 December 2006 affirming a decision of a delegate of the Minister not to grant the Appellant a Protection (Class XA) visa. 2 The Federal Magistrate recorded in his reasons for decision the "considerable litigation history" of the matter. That history need not now be repeated save for the fact that the decision of the Tribunal, now sought to be reviewed, was the third occasion upon which the Tribunal had heard the Application. On each occasion the Tribunal was differently constituted.