SZLBX v Minister for Immigration and Citizenship [2008] FCA 887

FEDERAL COURT OF AUSTRALIA

SZLBX v Minister for Immigration and Citizenship [2008] FCA 887

SZLBX v MINISTER FOR IMMIGRATION AND CITIZENSHIP and REFUGEE REVIEW TRIBUNAL

NSD 2527 of 2007

RARES J

9 MAY 2008

SYDNEY IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 2527 of 2007

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: SZLBX

Appellant

AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

JUDGE: RARES J

DATE OF ORDER: 9 MAY 2008

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. The appeal be dismissed with costs. 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 2527 of 2007

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: SZLBX

Appellant

AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

JUDGE: RARES J

DATE: 9 MAY 2008

PLACE: SYDNEY

REASONS FOR JUDGMENT (REVISED FROM THE JUDGMENT) 1 This is an appeal from a decision of the Federal Magistrates Court refusing constitutional writ relief to the appellant in respect of a decision of the Refugee Review tribunal affirming a decision of the delegate of the Minister not to grant the appellant a protection visa: SZLBX v Minister for Immigration [2007] FMCA 2072. 2 The appellant is a national of the Republic of India who arrived in Australia in early January 2007. The delegate refused to grant him a protection visa in February 2007 and he applied to the tribunal for a review of that decision. On 31 May 2007 the tribunal signed its decision which it handed down on 26 June 2007.