SZCSC v Minister for Immigration and Multicultural Affairs [2007] FCA 418

FEDERAL COURT OF AUSTRALIA

SZCSC v Minister for Immigration and Multicultural Affairs [2007] FCA 418 Migration Act 1958 (Cth) Plaintiff S157/2002 v The Commonwealth (2003) 211 CLR 476 cited Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 cited Re Refugee Review Tribunal; Ex parte HB (2001) 179 ALR 513 cited Re Minister for Immigration and Multicultural Affairs; Ex parte Epeabaka (2001) 206 CLR 128 cited Minister for Immigration and Multicultural and Indigenous Affairs v Lat (2006) 151 FCR 214 cited Re Refugee Review Tribunal; Ex parte H (2001) 179 ALR 425 applied SBBS v Minister for Immigration and Multicultural and Indigenous Affairs (2002) 194 ALR 749 cited Re Minister for Immigration and Multicultural Affairs; Ex parte Applicant S20/2002 (2003) 198 ALR 59 applied Minister for Immigration and Multicultural and Indigenous Affairs v Maltsin (2005) 88 ALD 304 cited W360/01A v Minister for Immigration and Multicultural Affairs (2002) 124 FCR 449 applied NABE v Minister for Immigration and Multicultural and Indigenous Affairs (No 2) (2004) 144 FCR 1 cited SZCSC v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS AND REFUGEE REVIEW TRIBUNAL NSD 1372 OF 2006

MANSFIELD J

23 MARCH 2007

ADELAIDE (HEARD IN SYDNEY) IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 1372 OF 2006

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: SZCSC

Appellant

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

JUDGE: MANSFIELD J DATE OF ORDER: 23 MARCH 2007

WHERE MADE: ADELAIDE (HEARD IN SYDNEY)

THE COURT ORDERS THAT:

1. The appeal be dismissed. 2. The appellant pay to the first respondent his 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