Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZGOP v Minister for Immigration and Citizenship [2007] FCA 836
MIGRATION – Refugees – Protection Visa – Decision of Refugee Review Tribunal – Persecution – Whether Tribunal considered all persecution claims advanced – Whether finding by Tribunal on one claim subsumed need for determination of other claims – Failure by Tribunal to exercise jurisdiction Migration Act 1958 (Cth), s 424A NABE v Minister for Immigration and Multicultural and Indigenous Affairs (2004) 144 FCR 1, applied WAEE v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCAFC 184, applied SZGOP v MINISTER FOR IMMIGRATION AND CITIZENSHIP AND REFUGEE REVIEW TRIBUNAL NSD 433 OF 2007
SPENDER J
31 MAY 2007
brisbane (heard in sydney) IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 433 OF 2007
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: SZGOP
Appellant
AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE: SPENDER J
DATE OF ORDER: 31 MAY 2007
WHERE MADE: brisbane (heard in SYDNEY)
THE COURT ORDERS THAT:
1. Orders 2 and 3 of the Federal Magistrates Court of 2 March 2007 be set aside. 2. The decision of the Refugee Review Tribunal be set aside. 3. The matter be remitted to the Refugee Review Tribunal to be dealt with according to law. 4. The first respondent pay the appellant's costs of and incidental to the appeal. 5. There be no order as to costs in the Federal Magistrates Court. 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 433 OF 2007
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: SZGOP
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