Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZHNR v Minister for Immigration & Multicultural Affairs [2006] FCA 1597
MIGRATION – appeal from a decision of a Federal Magistrateto dismiss an application for review of a Refugee Review Tribunal decision – whether approach of Tribunal in assessing credibility of the appellant involved an error of law – whether denial of procedural fairness Kopalapillai v Minister for Immigration & Multicultural Affairs (1998) 86 FCR 547 considered Re Minister for Immigration & Multicultural Affairs; Ex parte Durairajasingham (2000) 74 ALJR 405 considered SZHNR AND SZHNY v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS AND REFUGEE REVIEW TRIBUNAL NSD 1664 OF 2006
MIDDLETON J
14 NOVEMBER 2006
SYDNEY IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 1664 OF 2006
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: SZHNR
First Appellant
SZHNY
Second Appellant
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE: MIDDLETON J DATE OF ORDER: 14 NOVEMBER 2006
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. The 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 1664 OF 2006
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: SZHNR
First Appellant
SZHNY
Second Appellant
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE: MIDDLETON J
DATE: 14 NOVEMBER 2006
PLACE: SYDNEY
REASONS FOR JUDGMENT 1 This is an appeal from the decision of Federal Magistrate Scarlett delivered 10 August 2006 dismissing an application for judicial review of a decision of the Refugee Review Tribunal ('the Tribunal') of 21 September 2005 which was handed down on 13 October 2005. The Tribunal had affirmed a decision of a delegate of the Minister for Immigration & Multicultural Affairs made on 10 May 2005 to refuse to grant a protection visa to the appellant.
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