Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZFYW v Minister for Immigration & Citizenship [2008] FCA 1259
MIGRATION – earlier Tribunal decisions – findings not binding on later Tribunal – genuine opportunity to be heard – no apprehension of bias
Migration Act 1958 (Cth), ss 424A, 425, 430
Minister for Immigration and Multicultural Affairs v Wang [2003] HCA 11, 215 CLR 518 followed NADH v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 328, 214 ALR 264 followed NBKM v Minister for Immigration & Citizenship [2007] FCA 1413 considered Re Confidential and Australian Prudential Regulation Authority [2005] AATA 1264, 42 AAR 297 followed Re Drake and Minister for Immigration and Ethnic Affairs (No 2) (1979) 2 ALD 634 followed Re JRL; Ex parte CJL (1986) 161 CLR 342 followed Re Minister for Immigration and Multicultural Affairs; Ex parte Applicant S 154/2002 [2003] HCA 60 at [58], 201 ALR 437 followed SZBYR v Minister for Immigration and Citizenship [2007] HCA 26, 81 ALJR 1190 followed SZDFZ v Minister for Immigration & Citizenship [2008] FCA 390 considered SZFYW v Minister for Immigration & Citizenship [2008] FMCA 813 cited SZHKA v Minister for Immigration & Citizenship [2008] FCAFC 138 followed SZIAT v Minister for Immigration & Citizenship [2008] FCA 766 followed SZFYW v MINISTER FOR IMMIGRATION AND CITIZENSHIP AND REFUGEE REVIEW TRIBUNAL
NSD 1001 of 2008
FLICK J
18 AUGUST 2008
SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NSW DISTRICT REGISTRY NSD 1001 of 2008
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: SZFYW
Appellant
AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE: FLICK J DATE OF ORDER: 18 AUGUST 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. 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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