SZGEH v Minister for Immigration & Multicultural & Indigenous Affairs [2006] FCA 139

FEDERAL COURT OF AUSTRALIA

SZGEH v Minister for Immigration & Multicultural & Indigenous Affairs [2006] FCA 139 MIGRATION – appeal from a decision of a judge of the Federal Magistrate's Court dismissing an application for judicial review of a decision of the Refugee Review Tribunal –appeal dismissed – no question of principle Migration Act 1958 (Cth) – s 474, s 424(3)(a)

Abebe v Commonwealth Re Minister for Immigraiton (1999) 197 CLR 510 – followed Minister for Immigration and Multicultural and Indigenous Affairs v NAMW (2004)140 FCR 572 – followed Plaintiff S157 of 2002 v Commonwealth (2003) 211 CLR 476 – followed QAAC of 2004 v Refugee Review Tribunal [2005] FCAFC 92 – followed Re Minister for Immigration and Multicultural Affairs; Ex parte Durairajasingham (2000) 168 ALR 407 - followed SZGEH v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS & ANOR NSD 2084 OF 2005 RARES J 17 FEBRUARY 2006 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY 139 OF 2006

BETWEEN: SZGEH

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

FIRST RESPONDENT

REFUGEE REVIEW TRIBUNAL

SECOND RESPONDENT

JUDGE: RARES J

DATE OF ORDER: 17 FEBRUARY 2006

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The appeal is dismissed. 2. The Appellant pay the First Respondent's costs. 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 139 OF 2006

BETWEEN: SZGEH

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

FIRST RESPONDENT

REFUGEE REVIEW TRIBUNAL

SECOND RESPONDENT

JUDGE: RARES J

DATE: 17 FEBRUARY 2006