SZBUH v Minister for Immigration & Multicultural & Indigenous Affairs [2006] FCA 899

FEDERAL COURT OF AUSTRALIA

SZBUH v Minister for Immigration & Multicultural & Indigenous Affairs [2006] FCA 899 MIGRATION – judicial review – protection visa – Refugee Review Tribunal – where Tribunal did not rely upon up to date country information – whether error of fact within jurisdiction – where advisor provided information to Tribunal on behalf of applicant – whether applicant gave such information for the purposes of application – whether Tribunal must give particulars of such information to applicant HELD – Any error in relation to the country information was an error of fact within jurisdiction and not jurisdictional error – s 424A(3)(b) applies to information a person gives to the Tribunal on behalf of the applicant and the Tribunal is not obliged to give particulars of it to the applicant Migration Act 1958 (Cth) s 424A Minister for Immigration & Multicultural & Indigenous Affairs v SGLB (2004) 207 ALR 12 applied NABE v Minister for Immigration & Multicultural & Indigenous Affairs (No. 2) (2004) 219 ALR 27 referred to SZDLR v Minister for Immigration & Multicultural & Indigenous Affairs (2005) 144 FCR 368 referred to SZBUH v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS AND REFUGEE REVIEW TRIBUNAL NSD 1755 OF 2005

EDMONDS J

14 JULY 2006

SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 1755 OF 2005

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: SZBUH

Appellant

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

JUDGE: EDMONDS J

DATE OF ORDER: 14 JULY 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. IN THE FEDERAL COURT OF AUSTRALIA