Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZHYP v Minister for Immigration and Citizenship [2007] FCA 183
MIGRATION – Federal Magistrates Court dismissed application for judicial review of Refugee Review Tribunal's decision affirming rejection of appellant's application for a protection visa – whether the Federal Magistrate should have found that the Tribunal failed to comply with s 424A of the Migration Act – consideration of who carries the burden of proof regarding the application of s 424A – whether appellant satisfied Federal Magistrate that the Tribunal did not base its finding on information he gave for the purposes of his application – where not clear precisely what information the Tribunal relied on in making a finding – Held: appellant did not show Federal Magistrate should have found a failure to comply with s 424A Migration Act 1958 (Cth) s 424A
SZEEU v Minister for Immigration & Multicultural & Indigenous Affairs (2006) 150 FCR 214 applied SZHYP v MINISTER FOR IMMIGRATION AND CITIZENSHIP AND REFUGEE REVIEW TRIBUNAL NSD 1718 OF 2006
BRANSON J
23 FEBRUARY 2007
SYDNEY IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 1718 OF 2006
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: SZHYP
Appellant
AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE: BRANSON J DATE OF ORDER: 23 FEBRUARY 2007
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. The name of the first respondent be changed to Minister for Immigration and Citizenship. 2. The appeal be dismissed. 3. The appellant pay the first respondent's costs. 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 1718 OF 2006
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