SZHFX v Minister for Immigration and Citizenship [2008] FCA 726

FEDERAL COURT OF AUSTRALIA

SZHFX v Minister for Immigration and Citizenship [2008] FCA 726

MIGRATION – protection visa – Refugee Review Tribunal – whether discrepancies between first appellant's description of known terrorist and accounts in news reports fell within s 424A(3)(b) of Migration Act 1958 (Cth) – whether information obtained by RRT from news reports on terrorist's lack of political associations adequately set out in s 424A letter – whether independent basis for RRT decision

Migration Act 1958 (Cth), s 424A, s 424A(1), s 424A(3)(b) SZHFX v Minister for Immigration & Citizenship [2007] FMCA 1575 considered SZBYR v Minister for Immigration and Citizenship (2007) 235 ALR 609 considered VAF v Minister for Immigration and Multicultural and Indigenous Affairs (2004) 206 ALR 471 cited VBAP of 2002 v Minister for Immigration and Multicultural and Indigenous Affairs (2005) FCA 965 cited SZHFX, SZHFY, SZHFZ and SZHGA v MINISTER FOR IMMIGRATION AND CITIZENSHIP AND REFUGEE REVIEW TRIBUNAL

NSD 2033 OF 2007

WEINBERG J

23 MAY 2008

SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 2033 OF 2007

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: SZHFX

First Appellant

SZHFY

Second Appellant

SZHFZ

Third Appellant

SZHGA

Fourth Appellant

AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

JUDGE: WEINBERG J

DATE OF ORDER: 23 MAY 2008

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. The appeal be dismissed. 2. The appellants pay the first respondent's costs, to be taxed in default of agreement. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA