SZINP v Minister for Immigration and Citizenship [2007] FCA 1747

FEDERAL COURT OF AUSTRALIA

SZINP v Minister for Immigration and Citizenship [2007] FCA 1747

MIGRATION – appeal from decision of Federal Magistrate reviewing decision of the Refugee Review Tribunal – where Federal Magistrate failed to make findings with respect to a ground of application, namely whether Tribunal erred in finding that the appellant could safely relocate within Pakistan – whether miscarriage of justice – whether appeal should be allowed – prospects of success – whether Tribunal actually required to consider whether relocation an option – whether ground of appeal "plainly arguable" Held: Appeal dismissed. While Federal Magistrate failed to make findings with respect to an issue before him this is not a reason to allow the appeal in this case. Ground of appeal was not "plainly arguable" and had no prospects of success. Remaining grounds of appeal raised no point of principle.

Judiciary Act 1903 (Cth) s 39B Migration Act 1958 (Cth) s 425

Abebe v Commonwealth (1999) 197 CLR 510 cited Attorney-General (NSW) v Quinn (1990) 170 CLR 1 cited Coulton v Holcombe (1986) 162 CLR 1 cited Epenisa v Minister for Immigration and Multicultural Affairs [2007] FCA 80 cited Januzi v Secretary of State for the Home Department [2006] 2 AC 426 cited Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 cited Muin v Refugee Review Tribunal (2002) 190 ALR 601 considered NAAP v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCAFC 76 cited NAHI v MIMIA [2004] FCAFC 10 cited O'Brien v Komesaroff (1982) 150 CLR 310 cited QBE Insurance Ltd v Switzerland Insurance Workers Compensation (NSW) Ltd (1996) 70 ALJR 281 considered Randhawa v The Minister for Immigration, Local Government and Ethnic Affairs (1994) 52 FCR 437 considered Re Minister for Immigration and Multicultural Affairs: ex parte Durairajasingham (2000) 168 ALR 407 cited S157/2002 v Commonwealth (2003) 211 CLR 476 cited SZATV v Minister for Immigration and Citizenship (2007) 237 ALR 634 cited WACO v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCAFC 171 considered