SZFWB v Minister for Immigration and Citizenship [2007] FCA 167

FEDERAL COURT OF AUSTRALIA

SZFWB v Minister for Immigration and Citizenship [2007] FCA 167

MIGRATION – application for protection visa – appeal from Federal Magistrate – 'no evidence' ground – whether Tribunal gave appellants sufficient time – whether open to Tribunal to make credibility findings – whether Tribunal made wrong assumptions – whether fourth appellant denied a hearing – whether Tribunal failed to take into account evidence of first appellant's medical condition VAS v Minister for Immigration and Multicultural and Indigenous Affairs [2002] FCAFC 350 cited WAJS v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 139 cited Television Capricornia Pty Ltd v Australian Broadcasting Tribunal (1986) 70 ALR 147 cited Kumaraperu v Minister for Immigration and Multicultural Affairs (1999) 382 FCR 381 cited SZFWB, SZFWC, SZFWD AND SZFWE v MINISTER FOR IMMIGRATION AND CITIZENSHIP AND REFUGEE REVIEW TRIBUNAL NSD 2059 OF 2006

KENNY J

20 APRIL 2007

SYDNEY IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 2059 OF 2006

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: SZFWB

First Appellant

SZFWC

Second Appellant

SZFWD

Third Appellant

SZFWE

Fourth Appellant

AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

JUDGE: KENNY J

DATE OF ORDER: 20 april 2007

WHERE MADE: MELBOURNE (PART HEARD IN SYDNEY)

THE COURT ORDERS THAT:

1. The name of the first respondent be amended to read "Minister for Immigration and Citizenship". 2. The appeal be dismissed. 3. The appellants 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