Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZFJU v Minister for Immigration and Citizenship [2007] FCA 1461
MIGRATION – judicial review – whether failure to consider relevant material – reference to independent country information evidence – application of s 424A Migration Act 1958 (Cth) – Held: appeal against Federal Magistrate's decision dismissed Migration Act 1958 (Cth)s 424A A v Minister for Immigration and Multicultural Affairs [1999] FCA 227 cited Wickramasinghe v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCAFC 30cited SZBYR v Minister for Immigration and Citizenship (2007) 235 ALR 609 cited SZFJU v MINISTER FOR IMMIGRATION AND CITIZENSHIP AND REFUGEE REVIEW TRIBUNAL NSD 725 OF 2007
BRANSON J
18 SEPTEMBER 2007
SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 725 OF 2007
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: SZFJU
Appellant
AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE: BRANSON J DATE OF ORDER: 18 SEPTEMBER 2007
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. The appeal be dismissed. 2. The appellant pay the costs of the first respondent. 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 725 OF 2007
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: SZFJU
Appellant
AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE: BRANSON J
DATE: 18 SEPTEMBER 2007
PLACE: SYDNEY
REASONS FOR JUDGMENT
Introduction 1 The appellant is a citizen of Nigeria who arrived in Australia on 16 March 2004. Almost immediately thereafter he applied for a protection visa. A delegate of the Minister refused to grant him the visa and this decision was affirmed on review by the Refugee Review Tribunal ('the Tribunal'). On 15 December 2005 the Federal Magistrates Court set aside the decision of the Tribunal by consent. The matter was remitted to the Tribunal and a freshly constituted Tribunal again affirmed the decision of the delegate. The appellant again applied to the Federal Magistrates Court for judicial review of the decision of the Tribunal. On this occasion his application was dismissed. 2 This appeal from the later judgment of the Federal Magistrates Court is brought on two grounds. The appellant claims that the learned Federal Magistrate should have found, first, that the Tribunal failed to take into account relevant material, and, secondly, that the Tribunal failed to comply with the requirements of s 424A of the Migration Act 1958 (Cth) ('the Act').
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