SZHZF v Minister for Immigration & Citizenship [2007] FCA 1173

FEDERAL COURT OF AUSTRALIA

SZHZF v Minister for Immigration & Citizenship [2007] FCA 1173

MIGRATION – application for protection visa – appeals from decision of Federal Magistrate – whether bias – whether failure to properly consider s 91R Migration Act 1958 (Cth) – whether failure to properly consider evidence including independent country information – appeal dismissed – no point of principle. Migration Act 1958 (Cth) Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321 Minister for Immigration and Multicultural Affairs v Al-Miahi (2001) 65 ALD 141 Minister for Immigration and Multicultural Affairs v Rajamanikkam (2002) 210 CLR 222 Plaintiff S157/2002 v Commonwealth of Australia(2003) 211 CLR 476 SBBS v Minister for Immigration and Multicultural and Indigenous Affairs (2002) 194 ALR 749 VAAW of 2001 v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCAFC 202 VFAB v Minister for Immigration and Multicultural and Indigenous Affairs (2003) 131 FCR 102; [2003] FCA 872 WAJS v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 139 SZHZF and SZHZG v MINISTER FOR IMMIGRATION AND CITIZENSHIP AND REFUGEE REVIEW TRIBUNAL NSD 1051 OF 2007

GILMOUR J

7 AUGUST 2007

SYDNEY IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 1051 OF 2007

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: SZHZF and SZHZG

Appellants

AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

JUDGE: GILMOUR J DATE OF ORDER: 7 AUGUST 2007

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. The appeal be dismissed. 2. The appellants pay the first respondent's costs fixed at $2,500. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. IN THE FEDERAL COURT OF AUSTRALIA