SZHIS v Minister for Immigration and Multicultural Affairs [2006] FCA 1641

FEDERAL COURT OF AUSTRALIA

SZHIS v Minister for Immigration and Multicultural Affairs [2006] FCA 1641

MIGRATION – no point of principle – appeal dismissed Migration Act 1958 (Cth) – ss 65, 424A Minister for Immigration and Multicultural and Indigenous Affairs v Lat (2006) 151 FCR 214 followed NAOA v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 241 cited Minister for Immigration and Multicultural and Indigenous Affairs v NAMW (2004) 140 FCR 572 cited Minister for Immigration and Multicultural Affairs v Anthonypillai (2001) 106 FCR 426 referred to Minister for Immigration and Multicultural and Indigenous Affairs v VSAF of 2003 [2005] FCAFC 73 cited SZCIJ v Minister for Immigration and Multicultural Affairs [2006] FCAFC 62 cited VAF v Minister for Immigration and Multicultural and Indigenous Affairs (2004) 206 ALR 471 referred to SZHIS v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS AND REFUGEE REVIEW TRIBUNAL NSD 1430 OF 2006

JACOBSON J

17 NOVEMBER 2006

SYDNEY IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 1430 OF 2006

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

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 appeal be dismissed. 2. The Appellant pay the First Respondent's costs of the appeal. THE COURT NOTES THAT: 3. The First Respondent is incorrectly referred to as the Minister for Immigration and Multicultural and Indigenous Affairs in the Appellant's notice of appeal and should properly be referred to as the Minister for Immigration & Multicultural Affairs. 4. The Refugee Review Tribunal has already been added as Second Respondent in the proceeding. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.