Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZJXW v Minister for Immigration and Citizenship [2008] FCA 143
PRACTICE & PROCEDURE – child appellant – appointment of next friend or tutor for minor – where next friend is appellant's parents – waive compliance with O 43 Federal Court Rules MIGRATION – appeal from decision of Federal Magistrates Court – alleged failure to properly consider information before the court – alleged breach of s 424A – no reason to conclude that material was overlooked – Tribunal's observations not "information" within s 424A – Held: appeal dismissed. Immigration (Guardianship of Children) Act 1946 (Cth) Migration Act 1958 (Cth)ss 36, 424A Federal Court Rules O 43
Akpata v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCA 1619 followed Al Raied v Minister for Immigration and Multicultural Affairs [2000] FCA 1357cited SBAH of 2001 v Minister for Immigration and Multicultural and Indigenous Affairs (2002) 126 FCR 552 cited SZBYR v Minister for Immigration and Citizenship [2007] HCA 26 followed SZJXW v MINISTER FOR IMMIGRATION AND CITIZENSHIP AND REFUGEE REVIEW TRIBUNAL NSD 1827 OF 2007
BRANSON J
28 FEBRUARY 2008
SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 1827 OF 2007
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: SZJXW
Appellant
AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE: BRANSON J DATE OF ORDER: 28 FEBRUARY 2008
WHERE MADE: SYDNEY
THE COURT ORDERS THAT the appeal be dismissed. 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 1827 OF 2007
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
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