Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZLPQ v Minister for Immigration and Citizenship [2009] FCA 574
SZLPQ v MINISTER FOR IMMIGRATION AND CITIZENSHIP and REFUGEE REVIEW TRIBUNAL
NSD 1220 of 2008
MCKERRACHER J
29 MAY 2009
SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 1220 of 2008
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: SZLPQ
Appellant
AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE: MCKERRACHER J
DATE OF ORDER: 29 MAY 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 1220 of 2008
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: SZLPQ
Appellant
AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE: MCKERRACHER J
DATE: 29 MAY 2009
PLACE: SYDNEY
REASONS FOR JUDGMENT
INTRODUCTION 1 The appellant is a Chinese citizen. He arrived in Australia on 22 February 2007. On 19 March 2007 the appellant 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 1 June 2007. On 28 June 2007 the appellant applied to the Tribunal for a review of that decision. The Tribunal affirmed the decision of the delegate. 2 This appeal is from a judgment of a Federal Magistrate delivered on 17 July 2008 (SZLPQ v Minister for Immigration & Anor [2008] FMCA 948). His Honour dismissed an application for judicial review of the decision of the Refugee Review Tribunal (the Tribunal) handed down on 16 October 2007.
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