SZHIB v Minister for Immigration and Multicultural Affairs [2006] FCA 611

FEDERAL COURT OF AUSTRALIA

SZHIB v Minister for Immigration and Multicultural Affairs [2006] FCA 611

MIGRATION – protection visa – appeal from decision of Federal Magistrate – whether Tribunal failed to give particulars required by s 424A of Migration Act 1958 (Cth) of information it relied upon – whether information given for the purpose of application – whether Tribunal failed to invite applicant to appear before Tribunal and give evidence and present argument – no error established Migration Act 1958 (Cth) s 424A, s 425

SZHIB v Minister for Immigration & Anor [2006] FMCA 137 referred to M55 v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 131 cited VUAV v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 1271 cited SZDMJ v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 1034 cited SZEEU v Minister for Immigration and Multicultural and Indigenous Affairs [2006] FCAFC 2 cited Re Minister for Immigration and Multicultural and Indigenous Affairs; Ex parte Durairajasingham (2000) 168 ALR 407 cited Abeyesinghe v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCA 1558 cited SZHIB v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS and REFUGEE REVIEW TRIBUNAL NSD 200 OF 2006 YOUNG J 8 MAY 2006 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 200 OF 2006

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: SZHIB

APPELLANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

FIRST RESPONDENT

REFUGEE REVIEW TRIBUNAL

SECOND RESPONDENT

JUDGE: YOUNG J

DATE OF ORDER: 8 MAY 2006

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. The appeal be dismissed.