Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZGZQ v Minister for Immigration and Multicultural Affairs [2007] FCA 62
MIGRATION – consideration of whether the Refugee Review Tribunal applied the correct test in determining the state of satisfaction or otherwise to be reached in conducting the review function – consideration of whether the Tribunal is required to seek further information when unable to be satisfied of the statutory criteria in the absence of further information from an applicant.
Migration Act 1958 (Cth), ss 36(2), 65(1), 424 SZGZQ v Minister for Immigration & Anor [2006] FMCA 1203 - cited SJSB v Minister for Immigration & Multicultural Affairs [2004] FCAFC 255 - cited Minister for Immigration & Multicultural Affairs v VSAF of 2003 [2005] FCAFC 73 - cited Minister for Immigration & Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 - cited 1951 Convention Relating to the Status of Refugees 1967 Protocol Relating to the Status of Refugees SZGZQ v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS AND REFUGEE REVIEW TRIBUNAL NSD 1691 OF 2006
GREENWOOD J
6 FEBRUARY 2007
brisbane (VIA VIDEO-LINK TO sydney) HEARD IN sydney
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 1691 OF 2006
BETWEEN: SZGZQ
Appellant
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE: GREENWOOD J
DATE OF ORDER: 6 FEBRUARY 2007
WHERE MADE: brisbane (VIA VIDEO-LINK TO sydney) HEARD IN 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.
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 1691 OF 2006
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