SZFMD v Minister for Immigration and Citizenship [2008] FCA 139

FEDERAL COURT OF AUSTRALIA

SZFMD v Minister for Immigration and Citizenship [2008] FCA 139

SZFMD v MINISTER FOR IMMIGRATION AND CITIZENSHIP and REFUGEE REVIEW TRIBUNAL NSD 1817 OF 2007

COWDROY J

22 FEBRUARY 2008

SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 1817 OF 2007

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: SZFMD

Appellant

AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

JUDGE: COWDROY J

DATE OF ORDER: 22 FEBRUARY 2008

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. The appeal be dismissed. 2. The Appellant pay the costs of the First Respondent in the amount of $3,008.75 pursuant to O 62 r 4(2)(c) of the Federal Court Rules. 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 1817 OF 2007

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: SZFMD

Appellant

AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

JUDGE: COWDROY J

DATE: 22 FEBRUARY 2008

PLACE: SYDNEY

REASONS FOR JUDGMENT 1 The appellant appeals from the decision of Federal Magistrate Turner delivered on 20 August 2007 in which his Honour affirmed the decision of the Refugee Review Tribunal ('the Tribunal') signed on 6 March 2007. The Tribunal upheld the decision of a delegate of the extant Minister for Immigration and Multicultural Affairs ('the Minister') to refuse to grant the appellant a protection visa. The decision of the delegate had been affirmed by a previous Tribunal, differently constituted, on 23 November 2004, but that decision was set aside and remitted to a second Tribunal. Federal Magistrate Turner affirmed the Tribunal's later decision is the subject of the appeal before this Court.