SZIJP v Minister for Immigration and Citizenship [2007] FCA 1875

FEDERAL COURT OF AUSTRALIA

SZIJP v Minister for Immigration and Citizenship [2007] FCA 1875

MIGRATION – Review of Refugee Review Tribunal decision – refusal of a Protection (Class XA) visa – meaning of "information" in Migration Act 1958 (Cth) s 424A(1)(a) – "information" refers to existence of evidentiary material or documentation – "Information" does not include Tribunal's reasoning process SZIJP v MINISTER FOR IMMIGRATION AND CITIZENSHIP AND REFUGEE REVIEW TRIBUNAL NSD 1509 OF 2007

FLICK J

14 NOVEMBER 2007

SYDNEY IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 1509 OF 2007

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: SZIJP

Appellant

AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

JUDGE: FLICK J DATE OF ORDER: 14 NOVEMBER 2007

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. The Appeal be dismissed with costs. 2. The Appellant pay the costs of the First Respondent of and incidental to 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

NEW SOUTH WALES DISTRICT REGISTRY NSD 1509 OF 2007

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: SZIJP

Appellant

AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

JUDGE: FLICK J

DATE: 14 NOVEMBER 2007

PLACE: SYDNEY

REASONS FOR JUDGMENT

(Revised judgment) 1 This is an appeal from a decision of the Federal Magistrates Court delivered on 13 July 2007. 2 That Court dismissed an application seeking to challenge a decision of the Refugee Review Tribunal given on 21 December 2005. The Tribunal had affirmed a decision refusing to grant the now Appellant a Protection Class XA visa.