Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZLBA v Minister for Immigration and Citizenship [2008] FCA 484
SZLBA v MINISTER FOR IMMIGRATION AND CITIZENSHIP and REFUGEE REVIEW TRIBUNAL NSD 236 OF 2008
COWDROY J
14 APRIL 2008
SYDNEY IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 236 OF 2008
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: SZLBA
Appellant
AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE: COWDROY J DATE OF ORDER: 14 APRIL 2008
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. The appeal be dismissed. 2. The Appellant pay the costs of the First Respondent. 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 236 OF 2008
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: SZLBA
Appellant
AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE: COWDROY J
DATE: 14 APRIL 2008
PLACE: SYDNEY
REASONS FOR JUDGMENT 1 The appellant appeals from the decision of Federal Magistrate Cameron delivered on 1 February 2008 dismissing the appellant's application for judicial review of a decision of the Refugee Review Tribunal ('the Tribunal') handed down on 19 June 2007. The Tribunal's decision affirmed the decision of the delegate of the Minister for Immigration and Citizenship ('the Minister') not to grant the appellant a Protection (Class XA) visa ('the visa').
FACTS 2 The appellant was born in the People's Republic of China ('the PRC') on 28 October 1953. He arrived in Australia on 2 May 1998 holding a tourist visa. By application dated 2 July 2005, by which time the appellant was detained at Villawood Detention Centre, the appellant applied for the visa. Such application was refused by the delegate of the Minister on 21 July 2005. 3 By letter addressed to the Minister on 3 November 2005 a submission was made on behalf of the appellant for intervention and a further letter dated 4 May 2006 was forwarded to the Minister in support of such submission. Further information was provided to the Minister by letter dated 20 July 2006. A letter written and signed by the appellant dated 28 August 2006 was also forwarded to the Minister. Representations were made again on 13 September 2006 by the appellant's migration agent and again on 23 April 2007. There is no evidence of any response from the Minister. 4 On 7 May 2007 an Application for Review was made to the Tribunal against the delegate's refusal to grant the visa.
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