Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZIHA v Minister for Immigration and Citizenship [2008] FCA 168
SZIHA v MINISTER FOR IMMIGRATION AND CITIZENSHIP and REFUGEE REVIEW TRIBUNAL NSD 1309 OF 2007
COWDROY J
27 FEBRUARY 2008
SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 1309 OF 2007
BETWEEN: SZIHA
Applicant
AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE: COWDROY J
DATE OF ORDER: 27 FEBRUARY 2008
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. The application for leave to appeal be dismissed. 2. The Applicant 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 1309 OF 2007
BETWEEN: SZIHA
Applicant
AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE: COWDROY J
DATE: 27 FEBRUARY 2008
PLACE: SYDNEY
REASONS FOR JUDGMENT 1 The applicant applies to this Court for special leave to appeal from the interlocutory judgment of Federal Magistrate Driver delivered on 22 June 2007 pursuant to s 24(1A) of the Federal Court of Australia Act 1976 (Cth). The application before Driver FM sought judicial review of a decision of the Refugee Review Tribunal ('the Tribunal') signed on 28 November 2006 and handed down on 19 December 2006.
BACKGROUND 2 The applicant is a citizen of India who arrived in Australia on 22 June 2005 using a visitor's visa. On 18 July 2005 the applicant lodged an application for a Protection (Class XA) visa with the Department of Immigration and Multicultural and Indigenous Affairs. A delegate of the Minister for Immigration and Multicultural and Indigenous Affairs ('the Minister') refused the applicant's application for a protection visa on 1 September 2005. On 26 September 2005 the applicant applied to the Refugee Review Tribunal ('the Tribunal') for a review of that decision. 3 The decision of the Tribunal was handed down on 30 December 2005. On 5 June 2006 the Federal Magistrates Court of Australia quashed the Tribunal's decision by consent and directed that the Tribunal determine the matter according to law. The second Tribunal decision was handed down on 19 December 2006. The second Tribunal decision is the relevant decision in the application before this Court.
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