SZDBZ v Minister for Immigration and Multicultural Affairs [2007] FCA 78

FEDERAL COURT OF AUSTRALIA

SZDBZ v Minister for Immigration and Multicultural Affairs [2007] FCA 78

MIGRATION – Consideration of whether the Refugee Review Tribunal properly considered the notion of a subjective fear of persecution and whether such a fear was objectively a well‑founded fear – consideration of whether an order remitting a review of the Minister's Delegate to the Tribunal for reconsideration had the effect of limiting a consideration of particular facts and contentions to only those matters giving rise to the order for reconsideration – consideration of the Tribunal's approach to the resolution of the substratum of fact in determining questions of credibility.

Migration Act 1958 (Cth)

SZDBZ v Minister for Immigration & Anor [2006] FMCA 890 - 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 SZDBZ v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS AND REFUGEE REVIEW TRIBUNAL NSD 1449 OF 2006

GREENWOOD J

8 FEBRUARY 2007

brisbane (VIA VIDEO-LINK TO sydney) HEARD IN sydney IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 1449 OF 2006

BETWEEN: SZDBZ

Appellant

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

JUDGE: GREENWOOD J

DATE OF ORDER: 8 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.