SZKSC v Minister for Immigration & Citizenship [2008] FCA 210

FEDERAL COURT OF AUSTRALIA

SZKSC v Minister for Immigration & Citizenship [2008] FCA 210

MIGRATION – Migration Act 1958 (Cth) – Information supplied by Appellants – not 'information' for the purposes of s 424A(1) – information supplied not sufficient to make out a case Migration Act 1958 (Cth) s 424A Minister for Immigration & Multicultural Affairs v Al Shamry [2001] FCA 919, 110 FCR 27 followed SAAP v Minister for Immigration and Multicultural & Indigenous Affairs [2005] HCA 24, 228 CLR 294 followed SZBYR v Minister for Immigration & Citizenship [2007] HCA 26, 235 ALR 609 followed SZEFM v Minister for Immigration & Multicultural & Indigenous Affairs [2006] FCA 78 followed SZEZI v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 1195 followed SZIDH v Minister for Immigration & Citizenship [2007] FCA 369 followed VAF v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCAFC 123, 206 ALR 471 followed

SZKSC AND SZKSD v MINISTER FOR IMMIGRATION & CITIZENSHIP AND REFUGEE REVIEW TRIBUNAL NSD 2374 OF 2007

FLICK J

3 March 2008

SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 2374 OF 2007

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: SZKSC

First Appellant

SZKSD

Second Appellant

AND: MINISTER FOR IMMIGRATION & CITIZENSHIP

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

JUDGE: FLICK J DATE OF ORDER: 3 march 2008

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. Appeal dismissed. 2. The Appellants to pay the costs of the First Respondent 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

NEW SOUTH WALES DISTRICT REGISTRY NSD 2374 OF 2007