Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZGIY v Minister for Immigration and Citizenship [2008] FCAFC 68
MIGRATION – refusal of a Protection (Class XA) visa – information for which the Tribunal must give particulars when affirming a decision under review – information given for the purposes of an application – whether an inference drawn from information given in application documents is classified as information under s424A(3)(b) of the Migration Act 1958 (Cth)
Judiciary Act 1903 (Cth) s 78B Migration Act 1958 (Cth) ss 424A, 476, 477 SZBYR v Minister for Immigration and Citizenship (2007) 81 ALJR 1190 cited NBKT v Minister for Immigration and Multicultural Affairs (2006) 156 FCR 419 applied SZGIY v MINISTER FOR IMMIGRATION AND CITIZENSHIP AND REFUGEE REVIEW TRIBUNAL NSD 1348 OF 2007
DOWSETT, BENNETT AND EDMONDS JJ
2 MAY 2008
SYDNEY IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 1348 OF 2007
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: SZGIY
Appellant
AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGES: DOWSETT, BENNETT AND EDMONDS JJ DATE OF ORDER: 2 MAY 2008
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. the appeal be dismissed; 2. the appellant pay the first respondent's costs of the appeal. 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 1348 OF 2007
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: SZGIY
Appellant
AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGES: DOWSETT, BENNETT AND EDMONDS JJ
DATE: 2 MAY 2008
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