Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZMEY v Minister for Immigration and Citizenship [2008] FCA 1810
SZMEY v MINISTER FOR IMMIGRATION AND CITIZENSHIP and REFUGEE REVIEW TRIBUNAL
NSD 1348 of 2008
MIDDLETON J
17 NOVEMBER 2008
SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 1348 of 2008
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: SZMEY
Appellant
AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE: MIDDLETON J
DATE OF ORDER: 17 NOVEMBER 2008
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. The appeal be dismissed. 2. The appellant pay the costs of the first respondent fixed at $1,700.00. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. The text of entered orders can be located using eSearch on the Court's website. IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 1348 of 2008
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: SZMEY
Appellant
AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE: MIDDLETON J
DATE: 17 NOVEMBER 2008
PLACE: SYDNEY
REASONS FOR JUDGMENT 1 This is an appeal against a judgment of Federal Magistrate Raphael of 13 August 2008 dismissing an application for judicial review of a decision of the Refugee Review Tribunal ('the Tribunal') of 15 April 2008. The Tribunal had affirmed a decision of a delegate of the Minister for Immigration and Citizenship to refuse to grant a protection visa to the appellant.
BACKGROUND 2 The appellant is a citizen of India who arrived in Australia on 1 April 2007. On 12 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 22 June 2007. On 9 July 2007 the appellant applied to the Tribunal for a review of the delegate's decision.
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