SZGQN v Minister for Immigration and Citizenship [2007] FCA 428

FEDERAL COURT OF AUSTRALIA

SZGQN v Minister for Immigration and Citizenship [2007] FCA 428

MIGRATION - appeal from a federal magistrate - whether breach of s 424A Migration Act 1958 (Cth) – whether Tribunal required to exercise powers under s 427(1)(d) Migration Act 1958 (Cth) Held: Appeal dismissed. Material that appellant alleges breaches s 424A was not information relevant in the decision making process. Tribunal not required to undertake investigations as submitted by the appellant. No error in the reasons of the Federal Magistrate.

Migration Act 1958 (Cth) ss 420, 422B, 424A, 427(1), 430 Migration Legislation Amendment (Procedural Fairness) Act 2002 (Cth) Item 7 Sch 1

Applicant M164/2002 v Minister for Immigration and Multicultural and Indigenous Affairs [2006] FCAFC 16 cited Minister for Immigration and Multicultural Affairs v Al Shamry (2001) 110 FCR 27 cited Minister for Immigration and Multicultural Affairs v Lay Lat (2006) FCAFC 61 cited SAAP v Minister for Immigration and Multicultural and Indigenous Affairs (2005) 215 ALR 162 cited SZEEU v Minister for Immigration and Multicultural Affairs (2006) 150 FCR 214 considered SZERH v Minister for Immigration and Citizenship [2007] FCA 184 cited SZGQN v MINISTER FOR IMMIGRATION AND CITIZENSHIP AND REFUGEE REVIEW TRIBUNAL NSD1929 OF 2006

COLLIER J

27 MARCH 2007

BRISBANE IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY NSD1929 OF 2006

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: SZGQN

Appellant

AND: MINISTER FOR IMMIGRATION & CITIZENSHIP

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

JUDGE: COLLIER J

DATE OF ORDER: 27 MARCH 2007

WHERE MADE: BRISBANE

THE COURT ORDERS THAT:

1. The name of the first respondent be amended to Minister for Immigration and Citizenship. 2. The appeal be dismissed with costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. IN THE FEDERAL COURT OF AUSTRALIA