SZDAP v Minister for Immigration & Multicultural Affairs [2006] FCA 1598

FEDERAL COURT OF AUSTRALIA

SZDAP v Minister for Immigration & Multicultural Affairs [2006] FCA 1598

MIGRATION – appeal from Federal Magistrate's review of a decision of the Refugee Review Tribunal – procedural fairness – whether principles of procedural fairness require Tribunal to put its views to the appellant on the appellant's document – rejection of documents not based on credibility of appellant SZDAP v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS AND REFUGEE REVIEW TRIBUNAL NSD 1373 OF 2006

MIDDLETON J

15 NOVEMBER 2006

SYDNEY IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 1373 OF 2006

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: SZDAP

Appellant

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

JUDGE: MIDDLETON J DATE OF ORDER: 15 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 1373 OF 2006

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: SZDAP

Appellant

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

JUDGE: MIDDLETON J

DATE: 15 NOVEMBER 2006

PLACE: SYDNEY

REASONS FOR JUDGMENT 1 This is an appeal from the decision of Federal Magistrate Barnes delivered 28 June 2006 dismissing an application for judicial review of a decision of the Refugee Review Tribunal ('the Tribunal') made on 13 May 2002 and handed down on 5 June 2002. The Tribunal had affirmed a decision of a delegate of the Minister for Immigration and Multicultural Affairs made on 24 July 1999 to refuse to grant a protection visa to the appellant.