Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZJMG v Minister for Immigration and Citizenship [2008] FCA 1145
Migration Act 1958 (Cth) s 91R(3), 424A, 425 Minister for Immigration and Multicultural Affairs v Jia Legeng (2001) 205 CLR 507 MZXHY v Minister for Immigration and Citizenship[2007] FCA 622 Refugee Review Tribunal, Re; Ex parte H (2001) 75 ALJR 982 SCAA v Minister for Immigration and Multicultural and Indigenous Affairs [2002] FCA 668 SZBYR v Minister for Immigration & Citizenship (2007) 235 ALR 609 SZEEU v Minister for Immigration and Multicultural and Indigenous Affairs (2006) 150 FCR 214 SZJMG v Minister for Immigration & Anor [2008] FMCA 413 SZJMG v MINISTER FOR IMMIGRATION AND CITIZENSHIP and REFUGEE REVIEW TRIBUNAL
NSD 587 of 2008
MCKERRACHER J
8 august 2008
SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 587 of 2008
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: SZJMG
Appellant
AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE: MCKERRACHER J DATE OF ORDER: 8 august 2008
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. The appeal be dismissed. 2. The appellant is to pay the costs of the appeal, to be taxed if not agreed. 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 587 of 2008
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: SZJMG
Appellant
AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE: MCKERRACHER J
DATE: 8 august 2008
PLACE: SYDNEY
REASONS FOR JUDGMENT
INTRODUCTION 1 This is an appeal from a judgment of a Federal Magistrate delivered on 7 April 2008 (SZJMG v Minister for Immigration & Anor [2008] FMCA 413). By that decision his Honour dismissed an application for judicial review of a decision of the Refugee Review Tribunal (the Tribunal) delivered on 11 September 2007. The Tribunal had affirmed a decision of a delegate of the first respondent to refuse to grant a protection visa to the appellant. 2 The appellant is a citizen of China. He arrived in Australia on 18 February 2006. On 10 March 2006 the appellant lodged an application for a protection visa with the Department of Immigration and Citizenship (the Department). A delegate of the first respondent refused the application for a protection visa on 6 April 2006. On 9 May 2006 the appellant applied to the Tribunal for a review of that decision. On 22 August 2006 the Tribunal affirmed the delegate's decision. On appeal, on the basis of non-compliance with s 424A (following SZEEU v Minister for Immigration and Multicultural and Indigenous Affairs (2006) 150 FCR 214), the decision was quashed by consent order of Stone J on 2 May 2007 and remitted to the Tribunal differently constituted for review according to law. 3 The Tribunal on the second hearing on 11 September 2007 also refused to grant the appellant a protection visa.
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