Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZKOB v Minister for Immigration and Citizenship [2007] FCA 1949 MIGRATION – Migration Act 1958 (Cth) does not entitle an applicant to be provided with a transcript of visa application interview – common law procedural fairness does not require an applicant to be provided with a transcript of visa application interview under Migration Act 1958 (Cth) SZKOB v MINISTER FOR IMMIGRATION AND CITIZENSHIP AND REFUGEE REVIEW TRIBUNAL NSD 1700 of 2007
FLICK J
26 NOVEMBER 2007
SYDNEY IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 1700 OF 2007
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: SZKOB
Appellant
AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE: FLICK J
DATE OF ORDER: 26 NOVEMBER 2007
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. The appeal be dismissed. 2. The Appellant to pay the First Respondent's costs of an incidental to the hearing of this appeal on 23 November 2007, otherwise each party to pay their own costs of 26 November 2007. 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 1700 OF 2007
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: SZKOB
Appellant
AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE: FLICK J
DATE: 26 NOVEMBER 2007
PLACE: SYDNEY
REASONS FOR JUDGMENT 1 This is an appeal from a judgment of the Federal Magistrates Court delivered on 3 August 2007 dismissing an application for judicial review of a decision of the Refugee Review Tribunal signed on 20 March 2007 and handed down on 29 March 2007. 2 The Appellant is a citizen of the People's Republic of China who arrived in Australia on 13 August 2006. On 8 September, the Appellant lodged an Application for a protection visa. A delegate of the First Respondent refused the application on 14 November 2006. On 14 December 2006 the Appellant applied to the Tribunal for a review of the decision.
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