SZJXH v Minister for Immigration & Citizenship [2007] FCA 1691

FEDERAL COURT OF AUSTRALIA

SZJXH v Minister for Immigration & Citizenship [2007] FCA 1691 MIGRATION – consideration of grounds of appeal from a decision of the Federal Magistrates Court raising questions of contended bias, failure to have regard by the Refugee Review Tribunal to s 91R of the Migration Act 1958 (Cth) and a failure on the part of the Tribunal to have regard to s 424A(1) of the Migration Act 1958 (Cth) Decision Appeal dismissed with costs Migration Act 1958 (Cth)

Jia v Minister for Immigration and Multicultural Affairs (1998) 84 FCR 87 Jia v Minister for Immigration and Multicultural Affairs (1999) 93 FCR 556 Minister for Immigration and Multicultural Affairs v Jia Legeng (2001) 205 CLR 507 Laws v Australian Broadcasting Tribunal (1990) 170 CLR 70 Johnson v Johnson (2000) 201 CLR 488 SZEPZ v Minister for Immigration and Multicultural Affairs [2006] FCAFC 107 SZBYR v Minister for Immigration and Citizenship [2007] HCA 26 SZJXH v MINISTER FOR IMMIGRATION & CITIZENSHIP AND REFUGEE REVIEW TRIBUNAL NSD1158 of 2007

GREENWOOD J

6 november 2007

SYDNEY IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY NSD1158 of 2007

BETWEEN: SZJXH

Appellant

AND: MINISTER FOR IMMIGRATION & CITIZENSHIP

First Respondent

AND REFUGEE REVIEW TRIBUNAL

Second Respondent

JUDGE: GREENWOOD J DATE OF ORDER: 6 NOVEMBER 2007

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. The appeal is dismissed. 2. The appellant is ordered to pay the costs of the respondents 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

QUEENSLAND DISTRICT REGISTRY NSD1158 of 2007

BETWEEN: SZJXH

Appellant

AND: MINISTER FOR IMMIGRATION & CITIZENSHIP

First Respondent