SZNNT v Minister for Immigration and Citizenship [2009] FCA 1246

FEDERAL COURT OF AUSTRALIA

SZNNT v Minister for Immigration and Citizenship [2009] FCA 1246

SZNNT v MINISTER FOR IMMIGRATION AND CITIZENSHIP and REFUGEE REVIEW TRIBUNAL

NSD 788 of 2009

COLLIER J

4 NOVEMBER 2009

BRISBANE (HEARD IN SYDNEY)

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY

gENERAL DIVISION NSD 788 of 2009

BETWEEN: SZNNT

Applicant

AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

JUDGE: COLLIER J

DATE OF ORDER: 4 NOVEMBER 2009

WHERE MADE: BRISBANE (HEARD IN SYDNEY)

THE COURT ORDERS THAT:

The application for leave to appeal be dismissed with costs fixed in the sum of $1,745.00. 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

QUEENSLAND DISTRICT REGISTRY

general division NSD 788 of 2009

BETWEEN: SZNNT

Applicant

AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

JUDGE: COLLIER J

DATE: 4 NOVEMBER 2009

PLACE: BRISBANE (HEARD IN SYDNEY)

REASONS FOR JUDGMENT 1 This is an application for leave to appeal against the decision of Driver FM delivered on 13 July 2009 dismissing an application for judicial review of a decision of the Refugee Review Tribunal ("the Tribunal") of 31 March 2009. The Tribunal had affirmed a decision of a delegate of the Minister for Immigration and Citizenship to refuse to grant a protection visa to the applicant. 2 The applicant requires leave to appeal because his Honour's decision dismissing the judicial review application was interlocutory, followed a show cause hearing on the basis that the applicant had not raised an arguable case for relief: SZNNT v Minister for Immigration [2009] FMCA 665.