SZHTC v Minister for Immigration & Citizenship [2007] FCA 1199

FEDERAL COURT OF AUSTRALIA

SZHTC v Minister for Immigration & Citizenship [2007] FCA 1199 MIGRATION – appeal from decision of Federal Magistrate – application for protection visa under Migration Act 1958 (Cth) – whether bias – whether failure to comply with ss 91R and 424A of the Act – whether Tribunal decision based on assumptions rather than evidence – appeal dismissed – no point of principle. Migration Act 1958 (Cth), ss 91R, 424A SZHTC v MINISTER FOR IMMIGRATION AND CITIZENSHIP AND REFUGEE REVIEW TRIBUNAL NSD 802 OF 2007

GILMOUR J

9 AUGUST 2007

SYDNEY IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 802 OF 2007

BETWEEN: SZHTC

Appellant

AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

JUDGE: GILMOUR J DATE OF ORDER: 9 AUGUST 2007

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. Appeal be dismissed 2. The appellant pay the costs of the first respondent to be taxed. 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 802 OF 2007

BETWEEN: SZHTC

Appellant

AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

JUDGE: GILMOUR J

DATE: 9 AUGUST 2007

PLACE: SYDNEY

REASONS FOR JUDGMENT 1 This is an appeal from a judgment of a Federal Magistrate of 20 April 2007 dismissing an application for judicial review of a decision of the Refugee Review Tribunal ('the Tribunal') dated 13 October 2005 and handed down 8 November 2005. The Tribunal had affirmed a decision of a delegate of the then Minister for Immigration and Multicultural Affairs to refuse to grant a protection visa to the appellant under the Migration Act 1958 (Cth) ('the Act').