Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZGMY v Minister for Immigration & Citizenship [2008] FCA 774
MIGRATION – consideration of grounds of appeal contending for jurisdictional error on the part of the Refugee Review Tribunal in failing to investigate and enquire into documents put to the Tribunal and a failure to investigate the content of material raised by the documents – consideration of a failure of procedural fairness on the part of the Tribunal as a contended ground of error on the part of the Federal Magistrate in failing to find a failure of procedural fairness on the part of the Tribunal and jurisdictional error
Migration Act 1958 (Cth)
Prasad v MIEA (1985) 6 FCR 155 MIMIA v SGLB (2004) 207 ALR 12; [2004] HCA 32 Appellant S395/2002 v MIMA (2003) 78 ALD 8; 203 ALR 112 SZJBA v Minister for Immigration and Citizenship & Anor 96 ALD 270; [2007] FCA 1592 SZGMY v MINISTER FOR IMMIGRATION & CITIZENSHIP AND REFUGEE REVIEW TRIBUNAL
NSD107 OF 2008
GREENWOOD J
14 MAY 2008
SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD107 OF 2008
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: SZGMY
Appellant
AND: MINISTER FOR IMMIGRATION & CITIZENSHIP
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE: GREENWOOD J
DATE OF ORDER: 14 MAY 2008
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. The appeal is dismissed. 2. The appellant shall pay the first respondents costs of and incidental to the appeal fixed in an amount of $2,600.00. 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 NSD107 OF 2008
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: SZGMY
Appellant
AND: MINISTER FOR IMMIGRATION & CITIZENSHIP
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