Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZFMB v Minister for Immigration & Multicultural and Indigenous Affairs [2006] FCA 1470
MIGRATION – judicial review – allegation of bias – alleged failure to comply with s 424A of the Migration Act 1958 (Cth) – no error of law
Migration Act 1958 (Cth), s 424A Re Refugee Review Tribunal; Ex parte H (2001) 179 ALR 425, cited SAAP and Another v Minister for Immigration and Multicultural and Indigenous Affairs (2005) 215 ALR 162, followed SBBS v Minister for Immigration and Multicultural and Indigenous Affairs (2002) 194 ALR 749, referred to SZFMB v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS NSD 1545 OF 2006
COWDROY J
8 NOVEMBER 2006
SYDNEY IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 1545 OF 2006
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: SZFMB
Appellant
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE: COWDROY J DATE OF ORDER: 8 NOVEMBER 2006
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. The appeal be dismissed. 2. The Refugee Review Tribunal be joined as second respondent in these proceedings. 3. The appellant pay the first respondent's costs in the sum of $2400.
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 NSD 1545 OF 2006
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: SZFMB
Appellant
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE: COWDROY J
DATE: 8 NOVEMBER 2006
PLACE: SYDNEY
REASONS FOR JUDGMENT 1 The appellant appeals to this Court from the decision of Smith FM delivered on 31 July 2006, which dismissed a challenge by the appellant to a decision of the Refugee Review Tribunal that he was not entitled to a protection visa.
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