Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZKJN v Minister for Immigration and Citizenship [2007] FCA 1938
MIGRATION – visa – protection visa – dismissal of appeal for non-appearance by appellant – tribunal found there was "no evidence" of certain matters – documents before tribunal contained such evidence – concern expressed by Court that tribunal either misunderstood its function, in that it did not consider what applicant supplied to be evidence, or did not deal with case put by appellant – manner of dealing with cases in which judicial officers express concern Federal Court of Australia Act 1976 (Cth) s 25(2B)(bb)(ii)
SZKJN v Minister for Immigration & Anor [2007] FMCA 1322 SZKJN v MINISTER FOR IMMIGRATION AND CITIZENSHIP AND REFUGEE REVIEW TRIBUNAL NSD 1782 OF 2007
GRAY J
20 NOVEMBER 2007
SYDNEY IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 1782 OF 2007
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: SZKJN
Appellant
AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE: GRAY J
DATE OF ORDER: 20 NOVEMBER 2007
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. The appeal be dismissed pursuant to s 25(2B)(bb)(ii) of the Federal Court of Australia Act 1976 (Cth). 2. The appellant pay the first respondent's costs of the appeal, fixed at $2,800.
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 1782 OF 2007
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: SZKJN
Appellant
AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE: GRAY J
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