Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZLHA v Minister for Immigration & Citizenship [2008] FCA 782
MIGRATION –impermissible review of merits – role of Refugee Review Tribunal to determine facts – task of judicial review – need for care when making credibility findings – no duty on part of Tribunal to call or hear further evidence
Migration Act 1958 (Cth) ss 424A, 426(3)
Abebe v Commonwealth [1999] HCA 14, 197 CLR 510 followed Kopalapillai v Minister for Immigration & Multicultural Affairs (1998) 86 FCR 547 followed Minister for Immigration & Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 followed Nguyen v Migration Review Tribunal [2008] FCA 524 followed Re Minister for Immigration & Multicultural Affairs; Ex parte Durairajasingham [2000] HCA 1, 168 ALR 407 followed SZEOQ v Minister for Immigration & Citizenship [2008] FCA 257 followed SZKQQ v Minister for Immigration & Citizenship [2008] FCA 242 followed SZLHA v Minister for Immigration & Citizenship [2008] FMCA 143 cited VJAF v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCAFC 178 followed Kneebone S, The Refugee Review Tribunal and the Assessment of Credibility: an Inquisitorial Role? (1998) 5 AJ Admin L 78 SZLHA v MINISTER FOR IMMIGRATION AND CITIZENSHIP AND REFUGEE REVIEW TRIBUNAL
Nsd 233 of 2008
FLICK J
28 MAY 2008
SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY Nsd 233 of 2008
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: SZLHA
Appellant
AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE: FLICK J
DATE OF ORDER: 28 MAY 2008
WHERE MADE: SYDNEY
THE ORDERS OF THE COURT ARE:
1. The appeal be dismissed. 2. The Appellant to pay the costs of the First Respondent fixed in the sum of $2,200. 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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