SZKGS v Minister for Immigration and Citizenship [2007] FCA 1955

FEDERAL COURT OF AUSTRALIA

SZKGS v Minister for Immigration and Citizenship [2007] FCA 1955

MIGRATION – visa – protection visa – tribunal relied in reasons for decision on information from sources other than appellant – information about stringency of rules for issuing and renewing passports in China – tribunal did not give notice to appellant about the information – whether tribunal required to give notice – whether information related to a class of persons of which appellant a member – class of persons applying for passports or persons leaving China – no notice required MIGRATION – visa – protection visa – procedural fairness – failure to provide information to tribunal, because of lack of facility with English – whether denial of opportunity to present case – tribunal did not deny appellant opportunity to present whatever information he wished

Migration Act 1958 (Cth) ss 5(1), 36, 91R, 424A Convention relating to the Status of Refugees done at Geneva on 28 July 1951 Protocol relating to the Status of Refugees done at New York on 31 January 1967

SZKGS v Minister for Immigration & Anor [2007] FMCA 1549 SZKGS v MINISTER FOR IMMIGRATION AND CITIZENSHIP AND REFUGEE REVIEW TRIBUNAL NSD 1730 OF 2007

GRAY J

19 NOVEMBER 2007

SYDNEY IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 1730 OF 2007

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: SZKGS

Appellant

AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

JUDGE: GRAY J

DATE OF ORDER: 19 NOVEMBER 2007

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. The appeal be dismissed. 2. The appellant pay the first respondent's costs of the appeal, fixed at $2,500. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.