SZJZW v Minister for Immigration and Citizenship [2007] FCA 1197

FEDERAL COURT OF AUSTRALIA

SZJZW v Minister for Immigration and Citizenship [2007] FCA 1197

MIGRATION – appeal from decision of Federal Magistrate – whether decision of Refugee Review Tribunal contained jurisdictional error – whether reasonable for appellant to relocate – whether Refugee Review Tribunal complied with obligations under s 425(1) of the Migration Act 1958 (Cth) – whether Refugee Review Tribunal sufficiently identified issues arising on the review Migration Act 1958 (Cth) s 425(1) Randhawa v Minister for Immigration, Local Government and Ethnic Affairs (1994) 52 FCR 437 cited NAJT v Minister for Immigration and Multicultural and Indigenous Affairs (2005) 147 FCR 51 discussed VAAC v Minister for Immigration and Multicultural and Indigenous Affairs (2003) 129 FCR 168 cited NBKT v Minister for Immigration and Multicultural Affairs (2006) 156 FCR 419 cited Minister for Immigration and Multicultural Affairs v Respondents S152/2003 (2004) 222 CLR 1 considered SZBEL v Minister for Immigration and Multicultural and Indigenous Affairs (2006) 231 ALR 592 considered SZJZW AND SZJZX v MINISTER FOR IMMIGRATION AND CITIZENSHIP AND REFUGEE REVIEW TRIBUNAL NSD 825 OF 2007

MANSFIELD J

9 AUGUST 2007

SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 825 OF 2007

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: SZJZW AND SZJZX

Appellants

AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

JUDGE: MANSFIELD J

DATE OF ORDER: 9 AUGUST 2007

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

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