Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZIHM v Minister for Immigration & Multicultural Affairs [2006] FCA 1614
MIGRATION – judicial review of Refugee Review Tribunal decision – whether Tribunal failed to carry out its statutory duty under s 424A of the Migration Act 1958 (Cth) – whether Tribunal's decision based on rational or logical foundation – whether Tribunal biased against appellant – whether additional evidence admissible in judicial review proceedings Abebe v Commonwealth (1999) 197 CLR 510 considered Australian Retailers Association v Reserve Bank of Australia (2005) 148 FCR 446 considered Minister for Immigration & Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 considered NAMM of 2002 v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCAFC 32 applied SZIHM v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS NSD 1645 OF 2006
MIDDLETON J
13 NOVEMBER 2006
SYDNEY IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 1645 OF 2006
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: SZIHM
Appellant
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
Respondent
JUDGE: MIDDLETON J
DATE OF ORDER: 13 NOVEMBER 2006
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. The appeal be dismissed with costs. 2. The Refugee Review Tribunal be joined as a respondent to the proceeding. 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 1645 OF 2006
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: SZIHM
Appellant
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
Respondent
JUDGE: MIDDLETON J
DATE: 13 NOVEMBER 2006
PLACE: SYDNEY
REASONS FOR JUDGMENT 1 This is an appeal from the decision of Federal Magistrate McInnis delivered 14 August 2006 dismissing an application for judicial review of a decision of the Refugee Review Tribunal ('the Tribunal') made on 20 December 2005 handed down on 12 January 2006. The Tribunal had affirmed a decision of a delegate of the Minster for Immigration and Multicultural Affairs to refuse to grant a protection visa to the appellant.
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