Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZMMJ v Minister for Immigration and Citizenship [2009] FCA 193
SZMMJ v MINISTER FOR IMMIGRATION AND CITIZENSHIP and REFUGEE REVIEW TRIBUNAL
NSD 0051 of 2009
MCKERRACHER J
4 MARCH 2009
SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 0051 of 2009
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: SZMMJ
Appellant
AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE: MCKERRACHER J
DATE OF ORDER: 4 MARCH 2009
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. The appeal be dismissed. 2. The appellant is to pay the first respondent's costs fixed at $3,600. 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 0051 of 2009
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: SZMMJ
Appellant
AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE: MCKERRACHER J
DATE: 4 MARCH 2009
PLACE: SYDNEY
REASONS FOR JUDGMENT
INTRODUCTION 1 The appellant is a citizen of India. He arrived in Australia on 6 November 2007. On 11 December 2007 he 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 5 February 2008. On 18 February 2008 the appellant applied to the Refugee Review Tribunal (the Tribunal) for a review of that decision. The Tribunal affirmed the delegate's decision. 2 This is an appeal from a judgment of a Federal Magistrate delivered on 18 December 2008 (SZMMJ v Minister for Immigration & Anor [2008] FMCA 1698). Her Honour dismissed an application for judicial review of the decision of the Tribunal handed down on 12 June 2008.
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