Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZMRZ v Minister for Immigration and Citizenship [2009] FCA 201
SZMRZ v MINISTER FOR IMMIGRATION AND CITIZENSHIP and REFUGEE REVIEW TRIBUNAL
NSD 2024 of 2008
MCKERRACHER J
5 MARCH 2009
SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 2024 of 2008
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: SZMRZ
Appellant
AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE: MCKERRACHER J
DATE OF ORDER: 5 MARCH 2009
WHERE MADE: SYDNEY
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. 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 2024 of 2008
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: SZMRZ
Appellant
AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE: MCKERRACHER J
DATE: 5 MARCH 2009
PLACE: SYDNEY
REASONS FOR JUDGMENT
INTRODUCTION 1 The appellant is a citizen of China. She arrived in Australia on 25 November 2007. On 17 December 2007 she 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 5 March 2008. On 8 April 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 5 December 2008 (SZMRZ v Minister for Immigration & Anor [2008] FMCA 1636). Her Honour dismissed an application for judicial review of the decision of the Tribunal handed down on 29 July 2008.
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