Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZGTS v Minister for Immigration and Citizenship [2009] FCA 1353
SZGTS v MINISTER FOR IMMIGRATION AND CITIZENSHIP and REFUGEE REVIEW TRIBUNAL
NSD 1747 of 2007
TRACEY J
19 NOVEMBER 2009
SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 1747 of 2007
GENERAL DIVISION
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: SZGTS
Appellant
AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE: TRACEY J
DATE OF ORDER: 19 NOVEMBER 2009
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. The appeal be dismissed. 2. The appellant pay the first respondent's costs of the appeal fixed at $7,750.00
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
NEW SOUTH WALES DISTRICT REGISTRY NSD 1747 of 2007
GENERAL DIVISION
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: SZGTS
Appellant
AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE: TRACEY J
DATE: 19 NOVEMBER 2009
PLACE: SYDNEY
REASONS FOR JUDGMENT 1 This is an appeal against a judgment of a Federal Magistrate delivered on 17 August 2007 dismissing an application for judicial review of a decision of the Refugee Review Tribunal ("the Tribunal") dated 16 March 2007: see: SZGTS v Minister for Immigration and Citizenship [2007] FMCA 1587. The Tribunal had affirmed a decision of a delegate of the Minister to refuse to grant a protection visa to the appellant. The hearing was originally fixed for 5 August 2008 but was adjourned pending the hearing and determination by the High Court of an appeal against the decision of a Full Court in SZJGV v Minister for Immigration and Citizenship (2008) 170 FCR 515. The High Court allowed the appeal in part: see Minister for Immigration and Citizenship v SZJGV (2009) 259 ALR 595.
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