Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZLSO v Minister for Immigration and Citizenship [2008] FCA 1174
Migration Act 1958 (Cth) ss 424A, s 424A(1), 424A(3)(a), 424A(3)(b), 424A(3)(ba), 474(2) Abebe v Commonwealth of Australia (1999) 162 ALR 1 Minister for Immigration and Citizenship v SZHXF [2008] FCAFC 36 Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 Plaintiff S157/2002 v Commonwealth (2003) 211 CLR 476 Re Minister for Immigration and Multicultural Affairs; Ex parte Durairajasingham (2000) 168 ALR 407 Refugee Review Tribunal, Re; Ex parte H (2001) 75 ALJR 982 SZLSO v Minister for Immigration & Anor [2008] FMCA 312 SZLSO v MINISTER FOR IMMIGRATION AND CITIZENSHIP and REFUGEE REVIEW TRIBUNAL
NSD 605 of 2008
MCKERRACHER J
8 August 2008
SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 605 of 2008
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: SZLSO
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 first respondent's costs of the appeal fixed at $2485.25.
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 605 of 2008
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: SZLSO
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 The appellant appeals from a judgment of a Federal Magistrate delivered on 9 April 2008 (SZLSO v Minister for Immigration & Anor [2008] FMCA 312) dismissing an application for judicial review of a decision of the Refugee Review Tribunal (the Tribunal). The Tribunal decision was delivered on 8 November 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 the People's Republic of China. She arrived in Australia on 16 April 2007. On 24 April 2007 the appellant lodged an application for a protection visa with the Department of Immigration and Citizenship. A delegate of the first respondent refused the application for a protection visa on 18 June 2007. On 24 July 2007 the appellant applied to the Tribunal for a review of that decision.
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