SZDIX v Minister for Immigration and Citizenship [2008] FCA 127

FEDERAL COURT OF AUSTRALIA

SZDIX v Minister for Immigration and Citizenship [2008] FCA 127

SZDIX v MINISTER FOR IMMIGRATION AND CITIZENSHIP AND REFUGEE REVIEW TRIBUNAL NSD 1811 OF 2007

COWDROY J

20 FEBRUARY 2008

SYDNEY IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 1811 OF 2007

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: SZDIX

Appellant

AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

JUDGE: COWDROY J DATE OF ORDER: 20 FEBRUARY 2008

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. The appeal be dismissed. 2. The Appellant pay the costs of the First Respondent as agreed or taxed. 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 1811 OF 2007

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: SZDIX

Appellant

AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

JUDGE: COWDROY J

DATE: 20 FEBRUARY 2008

PLACE: SYDNEY

REASONS FOR JUDGMENT 1 The appellant appeals from the decision of Federal Magistrate Nicholls delivered on 17 August 2007 dismissing an application for judicial review of a decision of the Refugee Review Tribunal ('the Tribunal') handed down on 4 January 2007. The Tribunal had affirmed a decision of a delegate of the Minister for Immigration and Citizenship ('the Minister') of 4 November 2003 to refuse to grant a protection visa to the appellant. A previous decision of the Tribunal dated 29 February 2004 was remitted to the Tribunal by consent orders made in the Federal Magistrates Court of Australia on 10 April 2006. The appeal before this Court concerns the second Tribunal decision.