Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZMBS v Minister for Immigration and Citizenship [2009] FCAFC 65
MIGRATION – Refugee Review Tribunal telephoned a person to obtain information about appellant – whether such information was additional information under s 424(2) of the Migration Act 1958 (Cth) – whether jurisdictional error MIGRATION – determination of whether well-founded fear of being persecuted – whether failure to disregard conduct in Australia where Minister not satisfied that conduct not engaged in otherwise than for purpose of strengthening refugee claim under s 91R(3) of the Migration Act 1958 (Cth)
Migration Act 1958 (Cth) ss 91R(3), 422B, 423, 424(1), 424(2), 424(3), 424A, 424B, 429A, 441A(1), 441A(2), 441A(3), 441A(4), 441A(5) Federal Court Rules O 80, r 4
SZKTI v Minister for Immigration and Citizenship (2008) 168 FCR 256 SZLPO v Minister for Immigration and Citizenship [2009] FCAFC 51 SZMBS v MINISTER FOR IMMIGRATION AND CITIZENSHIP and ANOR
NSD 1143 of 2008
EMMETT, BENNETT & MIDDLETON JJ
3 June 2009
SYDNEY IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 1143 of 2008
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: SZMBS
Appellant
AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGES: EMMETT, BENNETT & MIDDLETON JJ
DATE OF ORDER: 3 JUNE 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. 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 1143 of 2008
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
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