Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZKSU v Minister for Immigration & Citizenship [2008] FCA 610 MIGRATION – difficulties confronting refugees – adverse findings as to credibility – no onus to prove credibility – need for caution on part of Refugee Review Tribunal – findings open to be made and not reviewable – no need to explain why evidence accepted or rejected – two hearings before Tribunal – no procedural unfairness Federal Court of Australia Act 1976 (Cth) s 27 Migration Act 1958 (Cth) s 424A Attorney-General (NSW) v Quin (1990) 170 CLR 1 followed Chief Executive Officer of Customs v ICB Medical Distributors Pty Ltd [2007] FCA 1538 considered Guo v Minister for Immigration & Ethnic Affairs (1996) 64 FCR 151 followed Guy v Repatriation Commission [2002] FCA 525 considered Kopalapillai v Minister for Immigration & Multicultural Affairs (1998) 86 FCR 547 considered Re Minister for Immigration & Multicultural Affairs; Ex parte Durairajasingham [2000] HCA 1 followed SZKSU v Minister for Immigration & Citizenship [2008] FMCA 77 cited Kneebone S, The Refugee Review Tribunal and the Assessment of Credibility: an Inquisitorial Role? (1998) 5 AJ Admin L 78 Taylor S, Informational Deficiencies Affecting Refugee Status Determinations: Sources and Solutions (1994) 13 U Tas LR 43 SZKSU v MINISTER FOR IMMIGRATION & CITIZENSHIP AND REFUGEE REVIEW TRIBUNAL
NSD 187 OF 2008
fLICK j
6 MAY 2008
SYDNEY IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY nsd 187 of 2008
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA BETWEEN: SZKSU
Appellant
AND: MINISTER FOR IMMIGRATION & CITIZENSHIP
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE: Flick j DATE OF ORDER: 6 may 2008
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. The appeal be dismissed. 2. The Appellant to pay the costs of the First Respondent fixed in the sum of $2,300. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. IN THE FEDERAL COURT OF AUSTRALIA
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