Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZLAW v Minister for Immigration and Citizenship [2008] FCA 647
SZLAW v MINISTER FOR IMMIGRATION AND CITIZENSHIP and REFUGEE REVIEW TRIBUNAL
NSD 2491 of 2007
RYAN J
12 MAY 2008
SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 2491 of 2007
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: SZLAW
Appellant
AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE: RYAN J
DATE OF ORDER: 12 MAY 2008
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. The appeal be dismissed. 2. The appellant's father pay the first respondent's costs fixed in the sum of $2,765.00. 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 2491 of 2007
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: SZLAW
Appellant
AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE: RYAN J
DATE: 12 MAY 2008
PLACE: SYDNEY
REASONS FOR JUDGMENT 1 This is an appeal from orders of Scarlett FM made on 5 December 2007 dismissing an application for judicial review of a decision of the Refugee Review Tribunal ("the Tribunal"); see SZLAW v Minister for Immigration & Anor [2007] FMCA 1999. By a decision delivered on 14 June 2007, the Tribunal had affirmed a refusal of 20 December 2006 by a delegate of the then Minister for Immigration and Multicultural Affairs ("the Minister") to grant a protection (class XA) visa to the appellant.
Background 2 The appellant was born in Australia on 9 December 2000 to parents who are Chinese nationals. His father acted as litigation guardian and gave evidence in the proceeding before the Federal Magistrate. 3 On 27 October 2006 the appellant, through his parents, filed an application for a protection visa with the Department of Immigration and Multicultural Affairs (as it was then known). On 20 December 2006 a delegate of the Minister refused the application for a protection visa. On 23 February 2007 the appellant applied to the Tribunal for a review of that decision.
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