Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZHWW v Minister for Immigration & Citizenship [2008] FCA 666
Migration Act 1958 (Cth) Re Refugee Review Tribunal; Ex parte H [2001] HCA 28, (2001) 179 ALR 425 NABE v The Minister for Immigration and Multicultural and Indigenous Affairs (No 2) (2005) 144 FCR 1 SZHWW v MINISTER FOR IMMIGRATION & CITIZENSHIP and REFUGEE REVIEW TRIBUNAL
NSD 1659 of 2007
REEVES J
16 May 2008
SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 1659 of 2007
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: SZHWW
Appellant
AND: MINISTER FOR IMMIGRATION & CITIZENSHIP
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE: REEVES J DATE OF ORDER: 16 MAY 2008
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. 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 1659 of 2007
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: SZHWW
Appellant
AND: MINISTER FOR IMMIGRATION & CITIZENSHIP
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE: REEVES J
DATE: 16 May 2008
PLACE: SYDNEY
REASONS FOR JUDGMENT
INTRODUCTION 1 This is an appeal from a decision of Federal Magistrate Smith dated 30 July 2007. His Honour reviewed a decision of the Refugee Review Tribunal ('the Tribunal') dated 21 November 2006. The appellant alleges Federal Magistrate Smith erred by failing to rule that the Tribunal had committed a jurisdictional error by misconstruing or misunderstanding the case he put to it and therefore basing its conclusions on that misconstruction or misunderstanding, rather than on the case as he put it. 2 Having considered the decision of Federal Magistrate Smith and the decision of the Tribunal on review, I have concluded that Federal Magistrate Smith did not fall into error as alleged and the appeal will therefore be dismissed. My reasons are set out below.
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