Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZEDA v Minister for Immigration and Citizenship [2008] FCA 1496
SZEDA v MINISTER FOR IMMIGRATION AND CITIZENSHIP and REFUGEE REVIEW TRIBUNAL
NSD 908 of 2008
COWDROY J
9 October 2008
SYDNEY IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 908 of 2008
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: SZEDA
Appellant
AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE: COWDROY J DATE OF ORDER: 9 OCTOBER 2008
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. The appeal be dismissed. 2. The Appellant pay the costs of the First Respondent. 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 908 of 2008
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: SZEDA
Appellant
AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE: COWDROY J
DATE: 9 October 2008
PLACE: SYDNEY
REASONS FOR JUDGMENT 1 The appellant appeals from the decision of Federal Magistrate Smith delivered on 30 May 2008. Smith FM dismissed an application for judicial review of a decision of the Refugee Review Tribunal ('the Tribunal') handed down on 28 August 2007 which affirmed a decision of a delegate of the Minister for Immigration and Citizenship ('the Minister') to refuse to grant a Protection (Class XA) visa ('the protection visa') to the appellant.
BACKGROUND 2 The appellant is a citizen of India who arrived in Australia on 20 January 2004. The appellant claims to have a well-founded fear of persecution resulting from his involvement with a political party. On 2 February 2004 the appellant lodged an application for the protection visa with the Department of Immigration and Citizenship, and a delegate of the Minister refused such application on 22 March 2004. On 14 April 2004 the appellant applied to the Tribunal for a review of the delegate's decision. The Tribunal affirmed the delegate's decision in its decision dated 22 June 2004 ('the Tribunal's first decision'). On 15 May 2006 orders were made in the Federal Court of Australia quashing the Tribunal's first decision and remitting the application for review to the Tribunal. 3 By its decision handed down on 21 September 2006 ('the Tribunal's second decision') the Tribunal, differently constituted, again affirmed the delegate's decision. On 16 April 2007 orders were made in the Federal Magistrates Court of Australia quashing the Tribunal's second decision and remitting the application for review to the Tribunal.
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate