SZBCF v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 1719

FEDERAL COURT OF AUSTRALIA

SZBCF v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 1719

MIGRATION - inconsistencies between the visa application/statement and the evidence at the hearing – whether statement or information reason or part of the reason for the decision is a matter of logical analysis of reasons – statement by the Tribunal that the decision was for all of the reasons enumerated does not mean that all of those reasons were the reason or part of the reason for the decision -reason for the Tribunal's decision was that the appellant had fabricated his claims - appellant was not of adverse interest to the police - no failure on the part of the Tribunal to comply with s424A(1) of the Act Minister for Immigration and Multicultural Affairs v Al Shamry (2001) 110 FCR 27 Re Minister for Immigration and Multicultural Affairs; Ex parte Durairajasingham (2000) 168 ALR 407 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 SZBCF V MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS & ANOR N1921 OF 2004 BENNETT J 29 NOVEMBER 2005 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 1921 OF 2004

BETWEEN: SZBCF

APPELLANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

FIRST RESPONDENT

REFUGEE REVIEW TRIBUNAL

SECOND RESPONDENT JUDGE: BENNETT J

DATE OF ORDER: 29 NOVEMBER 2005

WHERE MADE: SYDNEY

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