SZCVP v Minister for Immigration & Multicultural Affairs [2007] FCA 32

FEDERAL COURT OF AUSTRALIA

SZCVP v Minister for Immigration & Multicultural Affairs [2007] FCA 32 MIGRATION – whether Tribunal failed to ask relevant questions – whether Tribunal failed to determine the 'particular social group' the applicant belonged to Migration Act 1958 (Cth)

SZARH v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FMCA 615 referred to Applicant S v Minister for Immigration and Multicultural Affairs (2004) 217 CLR 387 referred to NABE v Minister for Immigration and Indigenous Affairs (No2) (2004) 144 FCR 1 referred to SZCVP v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS AND REFUGEE REVIEW TRIBUNAL NSD 1296 OF 2006

CONTI J

30 JANUARY 2007

SYDNEY IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 1296 OF 2006

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: SZCVP

Appellant

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

JUDGE: CONTI J DATE OF ORDER: 30 JANUARY 2007

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. Leave be granted to substitute the name 'Minister for Immigration and Multicultural Affairs' for that of the first respondent. 2. The Refugee Review Tribunal be added as a second respondent. 3. The appeal be dismissed. 4. The appellant pay the first respondent's costs. THE COURT NOTES THAT: 1. It is recommended that favourable consideration be given by the Minister to a review of the appellant's special circumstances on humanitarian grounds appearing in summary in the reasons for judgment. 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 1296 OF 2006

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA