Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZIJA v Minister for Immigration & Multicultural Affairs and Refugee Review Tribunal [2006] FCA 1484 MIGRATION – application for leave to appeal order of a Federal Magistrate – determination of Migration Review Tribunal – jurisdictional error – Migration Review Tribunal to record its decisions – whether breach of s 430(1)(b) of the Migration Act – whether the Tribunal's failure to speculate whether the appellant would face a real chance of persecution should he be returned to India constitutes jurisdictional error
Federal Magistrates Court Rules 2001 (Cth) Migration Act 1958 (Cth) Décor Corporation Pty Ltd v Dart Industries Inc (1991) 33 FCR 397 Minister for Immigration and Ethnic Affairs v Guo (1997) 191 CLR 559 NAFP v Minister for Immigration, Multicultural and Indigenous Affairs [2003] FCAFC 254 SZIJA v MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS AND REFUGEE REVIEW TRIBUNAL NSD 947 OF 2006
TRACEY J
13 NOVEMBER 2006
SYDNEY IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 947 OF 2006
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: SZIJA
Appellant
AND: MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE: TRACEY J
DATE OF ORDER: 13 NOVEMBER 2006
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. The application for leave to appeal be dismissed with costs. 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 947 OF 2006
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: SZIJA
Appellant
AND: MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS
First Respondent
REFUGEE REVIEW TRIBUNAL
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