SZKHK v Minister for Immigration & Citizenship [2007] FCA 1700

FEDERAL COURT OF AUSTRALIA

SZKHK v Minister for Immigration & Citizenship [2007] FCA 1700 MIGRATION – consideration of grounds of appeal from a decision of the Federal Magistrates Court raising questions of contended bias; a contended failure on the part of the Refugee Review Tribunal to have regard to s 424A(1) of the Migration Act 1958 (Cth); and whether a factual foundation subsisted for findings of credit adverse to the appellant, by the Tribunal Decision Appeal dismissed with costs Migration Act 1958 (Cth), s 424A SZKHK v Minister for Immigration and Anor [2007] FMCA 1207 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 (2001) 205 CLR 507 Laws v Australian Broadcasting Tribunal (1990) 170 CLR 70 Johnson v Johnson (2000) 201 CLR 488 Singh v Minister for Immigration and Ethnic Affairs (1996) FCA 902 SZKHK v MINISTER FOR IMMIGRATION & CITIZENSHIP AND REFUGEE REVIEW TRIBUNAL NSD1444 of 2007

GREENWOOD J

5 november 2007

SYDNEY IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY NSD1444 of 2007

BETWEEN: SZKHK

Appellant

AND: MINISTER FOR IMMIGRATION & CITIZENSHIP

First Respondent

AND REFUGEE REVIEW TRIBUNAL

Second Respondent

JUDGE: GREENWOOD J DATE OF ORDER: 5 NOVEMBER 2007

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. The appeal is dismissed. 2. The appellant pay the respondents' costs 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 NSD1444 of 2007

BETWEEN: SZkhk

Appellant

AND: MINISTER FOR IMMIGRATION & CITIZENSHIP

First Respondent