SZHRO v Minister for Immigration and Citizenship [2007] FCA 174

FEDERAL COURT OF AUSTRALIA

SZHRO v Minister for Immigration and Citizenship [2007] FCA 174 Migration Act 1958 (Cth) ss 91R(3), 424A(1), 425 Abebe v The Commonwealth (1999) 197 CLR 510 Minister for Immigration and Multicultural Affairs v SGLB (2004) 207 ALR 12 Minister for Immigration and Multicultural and Indigenous Affairs v NAMW (2004) 140 FCR 572 NAOA v Minister for Immigration and Multicultural Affairs [2004] FCAFC 241 SZBEL v Minister for Immigration and Multicultural and Indigenous Affairs (2006) 231 ALR 592 SZEMS v Minister for Immigration and Multicultural Affairs [2006] FCA 359 SZGQE v Minister for Immigration and Multicultural and Indigenous Affairs [2006] FCA 304 SZHRO v Minister for Immigration & Multicultural Affairs & Anor [2006] FMCA 1460 SZHRO v MINISTER FOR IMMIGRATION AND CITIZENSHIP and REFUGEE REVIEW TRIBUNAL NSD 2045 OF 2006

NICHOLSON J

21 FEBRUARY 2007

SYDNEY IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 2045 OF 2006

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: SZHRO

Appellant

AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

JUDGE: NICHOLSON J DATE OF ORDER: 21 FEBRUARY 2007

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. The Refugee Review Tribunal be added as the second respondent. 2. The description of the first respondent be amended to 'Minister for Immigration and Citizenship'. 3. The appeal be dismissed. 4. 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 2045 OF 2006

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: SZHRO