SZFTU v Minister for Immigration and Citizenship [2007] FCA 1204

FEDERAL COURT OF AUSTRALIA

SZFTU v Minister for Immigration and Citizenship [2007] FCA 1204 MIGRATION LAW — appeal from decision of Federal Magistrate — whether any appealable error — whether Refugee Review Tribunal complied with its obligations under s 425 of the Migration Act 1958 (Cth) —whether Tribunal under duty to conduct independent enquiries — whether grounds of appeal involve merits review Migration Act 1958 (Cth) s 425 Minister for Immigration and Multicultural Affairs v Anthonypillai (2001) 106 FCR 426 referred to Minister for Immigration and Multicultural Affairs v Yusuf (2001) 206 CLR 323 cited Paul v Minister for Immigration and Multicultural and Indigenous Affairs (2001) 113 FCR 396 cited SZBEL v Minister for Immigration and Multicultural and Indigenous Affairs (2006) 231 ALR 592 cited Applicant WAEE v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCAFC 184 cited WAGJ v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCAFC 277 cited WAID v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 220 cited SZFTU v MINISTER FOR IMMIGRATION AND CITIZENSHIP AND REFUGEE REVIEW TRIBUNAL NSD 757 OF 2007

WEINBERG J

9 AUGUST 2007

SYDNEY IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 757 OF 2007

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: SZFTU

Appellant

AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

JUDGE: WEINBERG J DATE OF ORDER: 9 AUGUST 2007

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. The appeal be dismissed. 2. The appellant pay the first respondent's costs fixed in the sum of $2,500. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.