SZIWJ v Minister for Immigration and Multicultural Affairs [2006] FCA 1706

FEDERAL COURT OF AUSTRALIA

SZIWJ v Minister for Immigration and Multicultural Affairs [2006] FCA 1706

MIGRATION – whether RRT constructively failed to exercise jurisdiction – whether RRT addressed explicit claim to consider evidence cumulatively – whether RRT failed to consider whole of material – no jurisdictional error – appeal dismissed Applicant WAEE v Minister for Immigration and Multicultural and Indigenous Affairs (2003) 75 ALD 630 followed Coulton v Holcombe (1986) 162 CLR 1 referred to Dranichnikov v Minister for Immigration and Multicultural and Indigenous Affairs (2003) 77 ALJR 1088 referred to Htun v Minister for Immigration and Multicultural Affairs (2001) 194 ALR 244 cited Jegatheeswaran v Minister for Immigration and Multicultural Affairs (2001) 194 ALR 263 followed Kaur v Minister for Immigration and Multicultural Affairs [2001] FCA 1401 referred to NABE v Minister for Immigration and Multicultural and Indigenous Affairs (No 2) (2004) 144 FCR 1 cited VUAX v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 158 followed SZIWJ v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS AND REFUGEE REVIEW TRIBUNAL NSD2040 OF 2006

JACOBSON J

27 NOVEMBER 2006

SYDNEY IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD2040 OF 2006

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA BETWEEN: SZIWJ

Appellant

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

JUDGE: JACOBSON J DATE OF ORDER: 27 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. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.