SZHVL v Minister for Immigration and Citizenship [2008] FCA 356

FEDERAL COURT OF AUSTRALIA

SZHVL v Minister for Immigration and Citizenship [2008] FCA 356

MIGRATION – fresh evidence – obligation to obtain additional information – bias Held: The appeal be dismissed.

Evidence Act 1995 (Cth) ss 51(2), 56(2) Abebe v Commonwealth (1999) 197 CLR 510 M211 of 2003 v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCA 660 Minister for Immigration and Multicultural Affairs v Jia Legeng (2001) 205 CLR 507 Minister for Immigration and Multicultural and Indigenous Affairs v SGLB (2004) 207 ALR 12 MZXHY v Minister for Immigration and Citizenship [2007] FCA 622 Randhawa v Minister for Immigration, Local Government and Ethnic Affairs (1994) 52 FCR 437 SBBF v Minister for Immigration and Multicultural and Indigenous Affairs [2002] FCAFC 358 SCAA v Minister for Immigration and Multicultural and Indigenous Affairs [2002] FCA 668 SZHVL v Minister for Immigration & Anor [2007] FMCA 1816 SZINP v Minister for Immigration and Citizenship [2007] FCA 1747 SZHVL v MINISTER FOR IMMIGRATION AND CITIZENSHIP AND REFUGEE REVIEW TRIBUNAL NSD 2327 OF 2007

MCKERRACHER J

18 MARCH 2008

SYDNEY (VIA VIDEO LINK FROM PERTH) IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 2327 OF 2007

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: SZHVL

Appellant

AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

JUDGE: MCKERRACHER J

DATE OF ORDER: 18 MARCH 2008

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. The appeal be dismissed. 2. The appellant to pay the costs of the first respondent to be fixed in the amount of $3,300. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. IN THE FEDERAL COURT OF AUSTRALIA