Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZNKK v Minister for Immigration and Citizenship [2009] FCA 1107 Migration Act 1958 (Cth) Abebe v Commonwealth (1999) 197 CLR 510 NADR v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCAFC 167 SZNKK v MINISTER FOR IMMIGRATION AND CITIZENSHIP and REFUGEE REVIEW TRIBUNAL
NSD 682 of 2009
REEVES J
1 OCTOBER 2009
BRISBANE (VIA VIDEOLINK TO SYDNEY) IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 682 of 2009
general division
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: SZNKK
Appellant
AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE: REEVES J
DATE OF ORDER: 1 OCTOBER 2009
WHERE MADE: BRISBANE (VIA VIDEOLINK TO SYDNEY)
THE COURT ORDERS THAT:
1. The appeal be dismissed. 2. The parties are to be heard on the question of costs.
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 682 of 2009
general division
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: SZNKK
Appellant
AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE: REEVES J
DATE: 1 OCTOBER 2009
PLACE: BRISBANE (VIA VIDEOLINK TO SYDNEY)
REASONS FOR JUDGMENT 1 This is an appeal against a judgment of a Federal Magistrate delivered on 18 June 2009, dismissing an application for judicial review of a decision of the Refugee Review Tribunal ('the Tribunal').
BACKGROUND AND PROCEDURAL HISTORY 2 The appellant is a citizen of India who arrived in Australia on 9 July 2008. On 19 August 2008, the appellant lodged an application for a protection visa with the Department of Immigration and Citizenship. A delegate of the Minister for Immigration and Citizenship ('the Minister') refused that application. The appellant then applied to the Tribunal for a review of that decision. The Tribunal subsequently affirmed the delegate's decision. The appellant then made an application for judicial review of the Tribunal's decision to the Federal Magistrates Court of Australia.
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