SZFFC v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 1447

FEDERAL COURT OF AUSTRALIA

SZFFC v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 1447 MIGRATION – no attendance at Tribunal hearing – information in s424A(1) does not extend to an observation that the appellant did not refer to a particular matter in his evidence - Tribunal's decision based on absence of information to support claim of psychological fear – claim in both visa application and application to Tribunal – SAAPand Al Shamry have no application

Al Shamry v Minister for Immigration and Multicultural and Indigenous Affairs (2001) 110 FCR 27

MZWPK v Minister for Immigration and Multicultural & Indigenous Affairs [2005] FCA 1256

SAAP v Minister for Immigration and Multicultural and Indigenous Affairs (2005) 215 ALR 162

VAF v Minister for Immigration and Multicultural and Indigenous Affairs (2004) 206 ALR 471

WAGP of 2002 v Minister for Immigration & Multicultural & Indigenous Affairs (2002) 124 FCR 276 SZFFC v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS NSD 796 OF 2005 BENNETT J 29 SEPTEMBER 2005 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 796 OF 2005

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: SZFFC

APPELLANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

FIRST RESPONDENT

REFUGEE REVIEW TRIBUNAL

SECOND RESPONDENT JUDGE: BENNETT J

DATE OF ORDER: 29 SEPTEMBER 2005

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. The Refugee Review Tribunal be joined as the second respondent to these proceedings.

2. The appeal is dismissed.

3. The appellant is to 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.