SZHOP v Minister for Immigration and Multicultural Affairs [2006] FCA 1640

FEDERAL COURT OF AUSTRALIA

SZHOP v Minister for Immigration and Multicultural Affairs [2006] FCA 1640

MIGRATION – no point of principle – appeal dismissed Migration Act 1958 (Cth) – ss 65, 424A Abebe v Commonwealth of Australia(1999) 197 CLR 510 cited Antoun v The Queen (2006) 224 ALR 51 cited Ebner v Official Trustee in Bankruptcy (2000) 205 CLR 337 cited Minister for Immigration and Multicultural and Indigenous Affairs v VSAF of 2003 [2005] FCAFC 73 followed NAVX v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 287 followed Prasad v Minister for Immigration and Ethnic Affairs (1985) 6 FCR 155 followed Re Refugee Tribunal; Ex parte H (2001) 179 ALR 425 cited SCAA v Minister for Immigration and Multicultural and Indigenous Affairs [2002] FCA 668 followed SZEFM v Minister for Immigration and Multicultural and Indigenous Affairs [2006] FCA 78 followed VAF v Minister for Immigration and Multicultural and Indigenous Affairs (2004) 206 ALR 471 referred to VNAA v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 134 cited SZHOP v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS AND REFUGEE REVIEW TRIBUNAL NSD 1567 OF 2006

JACOBSON J

17 NOVEMBER 2006

SYDNEY IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 1567 OF 2006

On appeal from the Federal Magistrates Court of Australia BETWEEN: SZHOP

Appellant

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

JUDGE: JACOBSON J DATE OF ORDER: 17 NOVEMBER 2006

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. The Refugee Review Tribunal be joined as Second Respondent to the appeal. 2. The appeal be dismissed. 3. The Appellant pay the First Respondent's costs of the appeal. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.