Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZMYN v Minister for Immigration & Citizenship [2009] FCA 840
SZMYN v MINISTER FOR IMMIGRATION & CITIZENSHIP and REFUGEE REVIEW TRIBUNAL
NSD 405 of 2009
BESANKO J
7 AUGUST 2009
SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
GENERAL DIVISION NSD 405 of 2009
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: SZMYN
Appellant
AND: MINISTER FOR IMMIGRATION & CITIZENSHIP
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE: BESANKO J
DATE OF ORDER: 7 AUGUST 2009
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. The appeal be dismissed. 2. The appellant is to pay the first respondent's costs of the appeal. 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
GENERAL DIVISION NSD 405 of 2009
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: SZMYN
Appellant
AND: MINISTER FOR IMMIGRATION & CITIZENSHIP
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE: BESANKO J
DATE: 7 AUGUST 2009
PLACE: SYDNEY
REASONS FOR JUDGMENT 1 This is an appeal from a decision of the Federal Magistrates Court: SZMYN v Minister for Immigration & Citizenship & Anor [2009] FMCA 327. On 23 April 2009, that Court made an order that the appellant's application for constitutional writs directed to the Refugee Review Tribunal ("the Tribunal") be dismissed. 2 The appellant is a national of India. He arrived in Australia on 10 April 2008. On 23 May 2008, he applied for a Protection (Class XA) visa ("protection visa"). On 23 June 2008, a delegate of the Minister for Immigration and Citizenship refused his application. The appellant made an application for a review by the Tribunal. He attended a hearing before the Tribunal at which he gave evidence and presented arguments on the issues affecting the review. On 8 October 2008, the Tribunal decided to affirm the decision of the delegate not to grant a protection visa to the appellant. 3 The appellant made an application to the Federal Magistrates Court for constitutional writs directed to the Tribunal. That application was made on 24 November 2008. An amended application was filed and served on 16 January 2009. As I have said, the Federal Magistrates Court made an order on 23 April 2009 dismissing the appellant's application. 4 In his outline of submissions, the first respondent provided a convenient summary of the appellant's claim for refugee status. He said: "In summary, the appellant claimed to have been a member of the Communist Party of India – Marxist ('CPI(M)') in Kerala State and to fear harm from members of his own party and/or members of the opposing Congress Party.
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