SZDLR v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 773

FEDERAL COURT OF AUSTRALIA

SZDLR v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 773 MIGRATION – appeal from judgment of Federal Magistrates Court – where Refugee Review Tribunal considered country information containing an error of fact – where error alleged to have contributed to adverse credibility finding – whether Federal Magistrate made an error in failing to find that Tribunal decision affected by jurisdictional error MIGRATION – Migration Legislation Amendment (Judicial Review) Act 2001 (Cth) – transitional provisions – where decision of Refugee Review Tribunal decided prior to commencement of amendments – where judicial review application lodged prior to commencement of amendments but spent – where present application for judicial review lodged after commencement of amendments – grounds of review available JURISDICTION OF COURTS – Federal Magistrates Court – jurisdiction of Federal Magistrates Court to review decision of Refugee Review Tribunal handed down prior to creation of Federal Magistrates Court Acts Interpretation Act 1901 (Cth) s 8(c) Administrative Decisions (Judicial Review) Act 1977 (Cth) Judiciary Act 1903 (Cth) s 39B Jurisdiction of The Federal Magistrates Service Legislation Amendment Act 2001 Schedule 3 Migration Act 1958 (Cth) s 474, s 483A, Part 8 Migration Legislation Amendment (Judicial Review) Act 2001 (Cth) Esber v Commonwealth of Australia (1992) 174 CLR 430 cited Plaintiff S157/2002 v Commonwealth of Australia (2003) 211 CLR 476 applied Repatriation Commission v Keeley (2000) 60 ALD 401 cited SAAP v Minister for Immigration & Multicultural & Indigenous Affairs [2005] HCA 24 cited SZDZV v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 416 followed Victrawl Pty Ltd v Telstra Corporation Limited (1995) 183 CLR 595 cited W360/01A v Minister for Immigration & Multicultural Affairs [2002] FCAFC 211 distinguished SZDLR v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS NSD 1742 of 2004 BRANSON J 14 JUNE 2005 SYDNEY