Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZITD v Minister for Immigration and Citizenship [2007] FCA 1343
MIGRATION – appeal from decision of Federal Magistrate – protection visa application – where Refugee Review Tribunal affirmed decision not to grant applicant with a protection visa – where earlier decision of Tribunal quashed – where Tribunal relied on inconsistencies between applicant's evidence before reconstituted Tribunal and earlier Tribunal hearing – whether Tribunal erred by failing to give notice to applicant under s 424A of the Migration Act in respect of the inconsistencies – whether inconsistencies in evidence provided to Tribunal is information under s 424A Migration Act 1958 (Cth) Decor Corporation Pty Ltd v Dart Industries Inc (1991) 33 FCR 397 applied SAAP v Minister for Immigration and Multicultural and Indigenous Affairs (2005) 215 ALR 162 cited SZBYR v Minister for Immigration and Citizenship (2007) 235 ALR 609 cited SZEPZ v Minister for Immigration and Multicultural Affairs [2006] FCAFC 107 considered SZJBE v Minister for Immigration and Citizenship [2007] FCA 190 followed SZITD v MINISTER FOR IMMIGRATION AND CITIZENSHIP AND REFUGEE REVIEW TRIBUNAL NSD 950 OF 2007
MANSFIELD J
9 AUGUST 2007
SYDNEY IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 950 OF 2007
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: SZITD
Applicant
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. Leave to the applicant to appeal from the decision of the Federal Magistrate given on 8 May 2007 limited to the issue of whether the Tribunal, in having regard to the information provided by the applicant to the Tribunal as differently constituted at a hearing on 31 March 2006, erred by failing to give to the applicant notice under s 424A(1) of the Migration Act with respect to that information. 2. Appeal dismissed. 3. Applicant to pay to the first respondent costs of the application and 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
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