Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZLGH v Minister for Immigration and Citizenship [2008] FCA 723
Migration Act 1958 (Cth), s 420A SZLGH v Minister for Immigration & Citizenship [2008] FMCA 187 considered SZLGH v MINISTER FOR IMMIGRATION AND CITIZENSHIP AND REFUGEE REVIEW TRIBUNAL
NSD 330 OF 2008
WEINBERG J
20 MAY 2008
SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 330 OF 2008
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: SZLGH
Appellant
AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE: WEINBERG J
DATE OF ORDER: 20 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 in default of agreement. 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 330 OF 2008
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: SZLGH
Appellant
AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE: WEINBERG J
DATE: 20 MAY 2008
PLACE: SYDNEY
REASONS FOR JUDGMENT 1 This is an appeal from a judgment of Orchiston FM dismissing an application for review of a decision of the Refugee Review Tribunal ("the RRT"). The RRT affirmed a decision of a delegate of the respondent Minister to refuse the appellant a protection visa.
PROCEDURAL BANKGROUND 2 The appellant, a citizen of Bangladesh, arrived in Australia on 22 January 2007. On 27 February 2007 the then Department of Immigration and Multicultural Affairs ("the Department")received an application for a protection visa from the appellant. On 26 April 2007 a delegate of the Minister refused that application. 3 On 8 May 2007 the RRT received an application for review of the delegate's decision. On 13 June 2007 the appellant attended a hearing before the RRT. On 19 July 2007 the RRT affirmed the delegate's decision. 4 On 3 September 2007 the appellant filed his application for judicial review in the Federal Magistrates Court. On 22 February 2008 Orchiston FM dismissed the application: SZLGH v Minister for Immigration & Citizenship [2008] FMCA 187. On 10 March 2008 the appellant filed a notice of appeal to this Court.
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