Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZIBR v Minister for Immigration and Citizenship [2008] FCA 502
PRACTICE AND PROCEDURE – where new grounds raised on appeal – whether it is appropriate to treat the Federal Court as a Court at first instance – whether grounds raised have any merit. MIGRATION – whether Tribunal considered particular social group claim – where Tribunal found no serious harm inflicted on the appellant – where Tribunal made a finding on relocation adverse to the appellant – appeal dismissed. Migration Act 1958 (Cth) Abebe v The Comonwealth (1999) 197 CLR 510 cited Attorney-General v Quin (1990) 170 CLR 1 cited Metwally v University of Wollongong (1985) 60 ALR 68 cited Re Minister for Immigration and Multicultural Affairs; Ex parte Durairajasingham (2000) 168 ALR 407 cited SZKMS v Minister for Immigration and Citizenship [2008] FCA 499 cited VUAX v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 158 cited SZIBR v MINISTER FOR IMMIGRATION AND CITIZENSHIP AND REFUGEE REVIEW TRIBUNAL NSD 2159 OF 2007
LANDER J
21 APRIL 2008
adelaide (heard in sydney) IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 2159 OF 2007
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: SZIBR
Appellant
AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE: LANDER J DATE OF ORDER: 21 APRIL 2008
WHERE MADE: adelaide (heard in sYDNEy)
THE COURT ORDERS THAT:
1. The appeal be dismissed. 2. The appellant pay the first respondent's costs. 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 2159 OF 2007
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
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