Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZKUJ v Minister for Immigration and Citizenship [2008] FCA 1351
Migration Act 1958 (Cth) s 474 Plaintiff S157/2002 v The Commonwealth of Australia(2003) 211 CLR 476 SZKUJ v Minister for Immigration and Anor [2007] FMCA 2016 Associated Provincial Picture Houses Ltd v Wednesbury Corporation [1948] 1 KB 223 SZKUJ v MINISTER FOR IMMIGRATION AND CITIZENSHIP and REFUGEE REVIEW TRIBUNAL
NSD 2414 OF 2007
MCKERRACHER J
4 September 2008
PERTH
IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY NSD 2414 OF 2007
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: SZKUJ
Appellant
AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE: MCKERRACHER J DATE OF ORDER: 4 September 2008
WHERE MADE: PERTH
THE COURT ORDERS THAT:
1. The appeal be dismissed. 2. The appellant is to pay the costs of the first respondent 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
WESTERN AUSTRALIA DISTRICT REGISTRY NSD 2414 OF 2007
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: SZKUJ
Appellant
AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE: MCKERRACHER J
DATE: 4 September 2008
PLACE: PERTH
REASONS FOR JUDGMENT
INTRODUCTION 1 This is an appeal from a Federal Magistrate delivered on 22 November 2007 (SZKUJ v Minister for Immigration and Anor [2007] FMCA 2016). By that decision his Honour dismissed an application for judicial review of a decision of the Refugee Review Tribunal (the Tribunal) delivered on 24 May 2007. The Tribunal had affirmed the 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 India. He arrived in Australia on 9 January 2007. On 22 February 2007 the appellant lodged an application for a protection visa with the then Department of Immigration and Multicultural Affairs (the Department). A delegate of the first respondent refused the application on 6 March 2007. On 2 April 2007 the appellant applied to the Tribunal for review of that decision and on 24 May 2007 the Tribunal affirmed the decision of the delegate refusing to grant a protection visa to the appellant.
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