SZGTE v Minister for Immigration & Multicultural Affairs [2006] FCA 443

FEDERAL COURT OF AUSTRALIA

SZGTE v Minister for Immigration & Multicultural Affairs [2006] FCA 443 MIGRATION – Tribunal not satisfied that appellant was a genuine Falun Gong practitioner – no jurisdictional error FEDERAL MAGISTRATES COURT – erroneous exercise of discretion in respect of amendment application due to reliance on a mistaken view of facts – appellate court substituting its own decision on the application Migration Act 1958 (Cth) ss 36(2), 424A Federal Magistrates Court Rules 2001, rule 7.01(1) Watson v Watson (1968) 70 SR (NSW) 203 The State of Queensland v J L Holdings Pty Limited (1997) 189 CLR 146 Lovell v Lovell (1950) 81 CLR 513 House v The King (1936) 55 CLR 499 VUAX v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCAFC 158 NAJT v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCAFC 134 GSA Industries Pty Limited v N T Gas Limited (1990) 24 NSWLR 710 Re RUDDOCK (in his capacity as Minister for Immigration and Multicultural Affairs); Ex parte APPLICANT S154/2002 (2003) 201 ALR 437 WAIG v Minister for Immigration and Multicultural and Indigenous Affairs (2004) 80 ALD 568 Applicant S v Minister for Immigration and Multicultural Affairs (2004) 77 ALD 541 SZGTE v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS & ANOR NSD 49 OF 2006 GRAHAM J 24 APRIL 2006 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 49 OF 2006

ON APPEAL FROM A MAGISTRATE IN THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: SZGTE

APPELLANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

FIRST RESPONDENT

REFUGEE REVIEW TRIBUNAL

SECOND RESPONDENT

JUDGE: GRAHAM J

DATE OF ORDER: 24 APRIL 2006

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The appeal be 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.