SZHSE v Minister for Immigration & Multicultural Affairs [2006] FCA 1459

FEDERAL COURT OF AUSTRALIA

SZHSE v Minister for Immigration & Multicultural Affairs [2006] FCA 1459

MIGRATION – appeal – whether tribunal in error of law in manner in which it utilised reasoning of previous tribunal – whether finding of lack of credibility of appellant's assertion of membership of a certain political party based on general finding of lack of credibility was in error of law Migration Act 1958 (Cth) ss 65, 414, 415, 424A(1)

Annetts v McCann (1990) 170 CLR 596 Chan v Minister for Immigration and Ethnic Affairs (1989) 169 CLR 379 Collins v Minister for Immigration (1981) 36 ALR 598 Craig v South Australia (1995) 184 CLR 163 NABE v Minister for Immigration and Multicultural and Indigenous Affairs (No 2)(2004) 144 FCR 1 NANX v Minister for Immigration and Multicultural and Indigenous Affairs (2003) FCA 734 Soboleva v Minister for Immigration and Multicultural and Indigenous Affairs(2001) 113 FCR 353 SZHSE, SZHSF, SZHSG and SZHSH v MINISTER FOR IMMIGRATION and MULTICULTURAL AFFAIRS AND REFUGEE REVIEW TRIBUNAL NSD 852 OF 2006

NICHOLSON J

9 NOVEMBER 2006

SYDNEY IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 852 OF 2006

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: SZHSE

First Appellant

SZHSF

Second Appellant

SZHSG

Third Appellant

SZHSH

Fourth Appellant

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

JUDGE: NICHOLSON J

DATE OF ORDER: 9 NOVEMBER 2006

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. The appeal be dismissed. 2. The appellants pay the first respondent's costs of the appeal in an amount to be agreed or, failing agreement, to be taxed. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.