Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZITB v Minister for Immigration and Citizenship [2007] FCA 1954
SZITB v MINISTER FOR IMMIGRATION AND CITIZENSHIP NSD 1683 OF 2007
FLICK J
23 NOVEMBER 2007
SYDNEY IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 1683 OF 2007
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: SZITB
Appellant
AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP
Respondent
JUDGE: FLICK J DATE OF ORDER: 23 NOVEMBER 2007
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. The Appeal be dismissed. 2. The Appellant to pay the costs of the First Respondent assessed in the sum of $4000. 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 1683 OF 2007
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: SZITB
Appellant
AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP
Respondent
JUDGE: FLICK J
DATE: 23 NOVEMBER 2007
PLACE: SYDNEY
REASONS FOR JUDGMENT 1 The present proceeding is an appeal from a decision of the Federal Magistrates Court given on 1 August 2007, dismissing an Application seeking to review a decision of the Refugee Review Tribunal. 2 The Tribunal's decision affirmed the decision of a delegate of the Minister to not grant the Appellant a protection (Class XA) visa. The decision of the Tribunal, the subject of review by the Federal Magistrates Court, was the second decision of that Tribunal in relation to the now Appellant. The Tribunal previously conducted two hearings, one on 22 November 2005, and a second on 13 December 2005. 3 The Tribunal handed down its decision on 21 March 2006. That decision was set aside on 2 August 2006. Upon the proceedings being remitted, a differently constituted Tribunal conducted a further hearing on 5 October 2006 and handed down its decision on 21 November 2006. 4 That decision of the Tribunal was the subject of the decision of the Federal Magistrates Court now under appeal before this Court. The jurisdiction of this Court to hear this appeal is that conferred by s 24(1)(d) of the Federal Court of Australia Act 1976 (Cth). That appellate jurisdiction may be exercised by a single judge: see s 25(1AA)(a). On the hearing of this appeal the Appellant appeared unrepresented, but with the assistance of a court interpreter.
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