SZLRA v Minister for Immigration and Citizenship [2008] FCA 1327

FEDERAL COURT OF AUSTRALIA

SZLRA v Minister for Immigration and Citizenship [2008] FCA 1327

MIGRATION – consideration of an appeal from the Federal Magistrates Court on grounds of denial of procedural fairness, actual bias and failure to investigate matters within the factual controversy before the Refugee Review Tribunal Minister for Immigration and Multicultural and Indigenous Affairs v SGLB (2004) 207 ALR 12 - cited Minister for Immigration and Multicultural and Indigenous Affairs v VSAF of 2003 [2005] FCAFC 73 - cited Minister for Immigration and Multicultural and Indigenous Affairs v JIA (2001) 205 CLR 507 - cited SBBF v Minister for Immigration and Multicultural and Indigenous Affairs [2002] FCAFC 358 - cited SZLRA and SZLRB v MINISTER FOR IMMIGRATION AND CITIZENSHIP and REFUGEE REVIEW TRIBUNAL

NSD1059 of 2008

GREENWOOD J

26 AUGUST 2008

SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD1059 of 2008

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: SZLRA

First Appellant

SZLRB

Second Appellant

AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

JUDGE: GREENWOOD J

DATE OF ORDER: 26 AUGUST 2008

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. The appeal is dismissed. 2. The appellants shall pay the costs of the first respondent of and incidental to the appeal. 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 NSD1059 of 2008

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: SZLRA

First Appellant