Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZDMO v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 384
MIGRATION – Decision of Refugee Review Tribunal refusing protection visa – decision of Federal Magistrate affirming the decision of the Tribunal – Whether the appellant was denied natural justice before the Tribunal on the basis that he was not given an opportunity to comment on country information – Whether comments made by the Tribunal suggested apprehended bias on the part of the Tribunal – Whether the Tribunal misunderstood the evidence in a way relevant to giving rise to jurisdictional error. Migration Act 1958 (Cth)
NADH of 2001 v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 328 – applied NABE v Minister for Immigration & Multicultural & Indigenous Affairs (No 2) [2004] FCAFC 263 - applied SZDMO v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS NSD 1913 of 2004 HILL J 8 APRIL 2005 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 1913 OF 2004
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: SZDMO
APPELLANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
RESPONDENT
JUDGE: HILL J
DATE OF ORDER: 8 APRIL 2005
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. The appeal be dismissed. 2. The appellant pay the respondents costs of this 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 1913 OF 2004
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: SZDMO
APPELLANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
RESPONDENT
JUDGE: HILL J
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