SZJGX v Minister for Immigration

[2007] FMCA 1604

FEDERAL MAGISTRATES COURT OF AUSTRALIA

SZJGX v MINISTER FOR IMMIGRATION & ANOR [2007] FMCA 1604

MIGRATION – Review of a Refugee Review Tribunal decision – refusal of a Protection (Class XA) visa – no reviewable error – application dismissed.

Judiciary Act 1903 (Cth), s.39B
Migration Act 1958 (Cth), ss.91X, 476
Federal Magistrates Court Rules 2001 (Cth), rr.44.11(c), 44.12

Applicant: SZJGX

First Respondent:

MINISTER FOR IMMIGRATION &

CITIZENSHIP

Second Respondent: REFUGEE REVIEW TRIBUNAL

File Number: SYG2408 of 2006

Judgment of: Lloyd-Jones FM

Hearing date: 20 July 2007

Delivered at: Sydney

Delivered on: 26 September 2007

REPRESENTATION

Advocate for the Applicant: The applicant appeared in person with the assistance of a Mandarin interpreter

Counsel for the First Respondent: Ms SA Sirtes

Solicitors for the First Respondent: Ms M Mafessanti of Clayton Utz

ORDERS

1. The name of the first respondent be amended to read “Minister for Immigration & Citizenship”.

2. The application filed on 29 August 2006 is dismissed.

3. The applicant is to pay the first respondent's costs and disbursements of and incidental to the application.

FEDERAL MAGISTRATES
COURT OF AUSTRALIA AT
SYDNEY

SYG2408 of 2006

SZJGX

Applicant

And

MINISTER FOR IMMIGRATION & CITIZENSHIP

First Respondent

And

REFUGEE REVIEW TRIBUNAL

Second Respondent

REASONS FOR JUDGMENT

The Proceedings:

1. The applicant in these proceedings is not to be identified pursuant to s.91X of the Migration Act 1958 (Cth) ("The Act"), and has been given the pseudonym SZJGX.

2. These proceedings were commenced by an application under s.39B of the Judiciary Act 1903 (Cth) invoking s.476 of the Act filed in the Sydney registry of the Federal Magistrates Court of Australia on 29 August 2006 for judicial review of a decision of the Refugee Review Tribunal ("the Tribunal"). The Tribunal decision was made on 27 July 2006 and the notification letter was forwarded to the applicant on 17 August 2006. The Tribunal decision affirmed the decision of a delegate of the first respondent made on 17 October 1997, refusing to grant the applicant a Protection (Class XA) visa. The applicant seeks relief in the form of constitutional writs against the decision of the Tribunal.

3. The applicant seeks an order that the respondents show cause why a remedy should not be granted in exercise of the Court's jurisdiction under s.476 of the Act. Pursuant to r.44.11(c) of the Federal Magistrates Court Rules 2001 (Cth), I dispensed with a hearing under r.44.12 and set the matter down for a final hearing.

4. A Court Book ("CB") prepared by the first respondent's solicitors was filed on 27 September 2006.  I have marked it Exhibit "A" and it was read into evidence. 

Background:

1. The Tribunal decision of G Short, reference 060377952, contains the following background information.

   This is a review of a decision made by a delegate of the Minister for Immigration and Multicultural Affairs on 17 October 1997 refusing an application by the application for a protection (Class AZ) visa.  The file of the Department of Immigration & Multicultural Affairs containing the Applicant's original application and associated documentation is either missing…