Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZGMI v Minister for Immigration & Citizenship [2008] FCA 606
SZGMI v MINISTER FOR IMMIGRATION AND CITIZENSHIP and REFUGEE REVIEW TRIBUNAL
NSD 2514 of 2007
GILMOUR J
6 MAY 2008
SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 2514 of 2007
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: SZGMI
Appellant
AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE: GILMOUR J
DATE OF ORDER: 6 MAY 2008
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. The appeal be dismissed. 2. The appellant pay the first respondent's costs to be 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 2514 of 2007
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: SZGMI
Appellant
AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE: GILMOUR J
DATE: 6 MAY 2008
PLACE: SYDNEY
REASONS FOR JUDGMENT
Introduction 1 This is an appeal against a judgment of a Federal Magistrate of 4 December 2007 dismissing an application for judicial review of a decision of the Refugee Review Tribunal ("the Tribunal") signed on 3 January 2006 and handed down 11 January 2006. The Tribunal had affirmed a decision of a delegate for the Minister for Immigration and Citizenship not to grant a protection visa to the appellant.
Background 2 The appellant is a citizen of Nepal who arrived in Australia on 14 October 2004. On 11 November 2004 the appellant lodged an application for a protection visa with the first respondent. A delegate of the first respondent refused the application for a protection visa on 25 November 2004. On 13 December 2004 the appellant applied to the Tribunal for a review of that decision. 3 On 19 May 2005, the Tribunal handed down its decision which affirmed the delegate's decision. The Federal Magistrates Court, on 30 June 2006, remitted the matter to the Tribunal for re-determination. It is the latter decision of the Tribunal which is the subject of this appeal.
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