SZHPS v Minister for Immigration and Citizenship [2007] FCA 233

FEDERAL COURT OF AUSTRALIA

SZHPS v Minister for Immigration and Citizenship [2007] FCA 233 MIGRATION – appeal from decision of Federal Magistrate – application for protection visa – whether jurisdictional error – whether appellant had opportunity to put his case – whether bias. Migration Act 1958 (Cth), ss 425, 425A, 426A , 441A(4), 441C(4) Migration Regulations 1994 (Cth), reg 4.35D Décor Corp v Dart Industries Inc (1991) 3 FCR 397 referred to H v Minister for Immigration and Multicultural Affairs [2000] FCA 1348 referred to Minister for Immigration and Multicultural Affairs v Jia Le Geng (2001 205 CLR 507 referred to Minister for Immigration and Multicultural Affairs v SZFDE (2006) 154 FCR 365 cited SZECI v Minister for Immigration and Multicultural Affairs [2005] FCA 1201 cited VNAA v Minister for Immigration and Multicultural and Indigenous Affairs (2004) 136 FCR 407 referred to SZHPS v MINISTER FOR IMMIGRATION AND CITIZENSHIP AND REFUGEE REVIEW TRIBUNAL NSD2480 OF 2006

GILMOUR J

28 FEBRUARY 2007

SYDNEY IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD2480 OF 2006

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA BETWEEN: SZHPS

Appellant

AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

JUDGE: GILMOUR J DATE OF ORDER: 28 FEBRUARY 2007

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. The Refugee Review Tribunal be joined as the Second Respondent. 2. The name of the First Respondent be amended to read Minister for Immigration and Citizenship. 3. Appeal be dismissed. 4. The appellant pay the costs of the first respondent, fixed at $2,700. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. IN THE FEDERAL COURT OF AUSTRALIA