SZGWS v Minister for Immigration and Multicultural Affairs

[2006] FCA 54

FEDERAL COURT OF AUSTRALIA

SZGWS v Minister for Immigration and Multicultural Affairs [2006] FCA 54

MIGRATION – no point of principle

SZGWS v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS AND REFUGEE REVIEW TRIBUNAL
NSD 2224 OF 2005

MOORE J
7 FEBRUARY 2006
SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	NSD 2224 OF 2005

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN:

SZGWS
APPELLANT

AND:

MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
FIRST RESPONDENT

REFUGEE REVIEW TRIBUNAL
SECOND RESPONDENT

JUDGE:

MOORE J

DATE OF ORDER:

7 FEBRUARY 2006

WHERE MADE:

SYDNEY

THE COURT ORDERS THAT:

1. The appeal be dismissed.
2. The appellant pay the costs of the first respondent.

Note:   Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	NSD 2224 OF 2005

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN:

SZGWS
APPELLANT

AND:

MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
FIRST RESPONDENT

REFUGEE REVIEW TRIBUNAL
SECOND RESPONDENT

JUDGE:	MOORE J
DATE:	7 FEBRUARY 2006
PLACE:	SYDNEY

REASONS FOR JUDGMENT

1. This is an appeal from a judgment of the Federal Magistrates Court of 2 November 2005, dismissing an application for judicial review of a decision of the Refugee Review Tribunal ("the Tribunal") of 21 June 2005.

2. The appeal proceeds by way of a document entitled "Amended Notice of Appeal" filed in this Court on 13 December 2005.  It contains allegations concerning errors of the Tribunal which do not reflect the issues raised for consideration in the proceedings before the Federal Magistrate.

3. The appellant was legally represented in the proceedings before the Federal Magistrate, although he appeared for himself in the present appeal.  No written submissions have been filed by the appellant, notwithstanding a direction that he do so.

4. When asked to explain orally what the errors of the Tribunal were, the appellant raised the matter of his purported marriage and, more generally, his concerns about being persecuted by a fundamentalist government and about the operation of Sharia law.  These matters plainly relate to issues of fact determined by the Tribunal.  They do not concern arguable jurisdictional errors of the Tribunal or errors on the part of the Federal Magistrate in determining the proceedings for judicial review.  No ground has been made out for setting aside the judgment of the Federal Magistrate.  Accordingly, the appeal should be dismissed with costs.

I certify that the preceding four (4) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Moore .

Associate:

Dated:            16 February 2006

The appellant appeared in person
Counsel for the First Respondent:	S A Mason
Solicitor for the Second Respondent:	Phillips Fox
Date of Hearing:	7 February 2006
Date of Judgment:	7 February 2006