SZBDM v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 1080

FEDERAL COURT OF AUSTRALIA

SZBDM v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 1080

MIGRATION – Refugee Review Tribunal – appeal from Federal Magistrates Court – protection visa – appellant citizen of Bangladesh – appellant represented before Federal Court but not before Federal Magistrates Court – fresh grounds of appeal – whether Tribunal failed to consider a claim – whether Tribunal ignored evidence supporting a claim – whether Tribunal failed to raise concerns with appellant's evidence to appellant – whether Tribunal ignored independent country information – appeal dismissed

Migration Act 1958 (Cth)

Re Minister for Immigration & Multicultural Affairs; Ex parte Yusuf (2001) 206 CLR 323 referred to Singh v Minister for Immigration & Multicultural Affairs [1999] FCA 1234 referred to Sivasubramaniam v Minister for Immigration & Multicultural Affairs [2000] FCA 1035 cited WACO v Minister for Immigration & Multicultural & Indigenous Affairs (2003) 131 FCR 511 discussed Minister for Immigration & Ethnic Affairs v Guo (1997) 191 CLR 559 cited Re Minister for Immigration & Multicultural Affairs; Ex parte Abebe (1999) 197 CLR 1 discussed Re Minister for Immigration & Multicultural Affairs; Ex parte Applicant S20/2002 (2003) 198 ALR 59 referred to SZBDM v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS NSD 253 OF 2005 CONTI J 5 AUGUST 2005 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 253 OF 2005

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: SZBDM

APPELLANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: CONTI J

DATE OF ORDER: 5 AUGUST 2005

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The appeal be dismissed. 2. The appellant is to pay the respondent's costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.