SZJHR v Minister for Immigration and Citizenship [2007] FCA 1901

FEDERAL COURT OF AUSTRALIA

SZJHR v Minister for Immigration and Citizenship [2007] FCA 1901

MIGRATION – appellant requested that the Tribunal take evidence from two witnesses in Bangladesh – whether Tribunal was obliged to contact the two witnesses – where Tribunal rejected evidence of three witnesses already called – whether Tribunal gave the request genuine consideration – whether s 424 error due to inclusion of incorrect factual material in s 424A letter – appeal dismissed. Migration Act 1958 (Cth) s 426 Abebe v The Commonwealth of Australia(1999) 197 CLR 510 cited Appellant S106/2002 v Minister for Immigration and Multicultural Affairs (2003) 198 ALR 59 cited Attorney-General (NSW) v Quin (1990) 170 CLR 1 cited Minister for Immigration and Multicultural Affairs v Maltsin (2005) 88 ALD 304 cited Re Minister for Immigration and Multicultural Affairs; Ex parte Applicant S20/2002 (2003) 198 ALR 59 cited SZBYR v Minister for Immigration and Citizenship [2007] HCA 26 cited SZDMC v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 763 followed WADU v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCA 1252 cited SZJHR, SZJHS, SZJHT, SZJHU v MINISTER FOR IMMIGRATION AND CITIZENSHIP AND REFUGEE REVIEW TRIBUNAL NSD 1726 OF 2007

LANDER J

4 DECEMBER 2007

SYDNEY IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 1726 OF 2007

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: SZJHR, SZJHS, SZJHT, SZJHU

Appellant

AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

JUDGE: LANDER J

DATE OF ORDER: 4 DECEMBER 2007

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. The appeal be dismissed. 2. The appellants pay the first respondent's costs 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