Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZCQA v Minister for Immigration & Citizenship [2008] FCA 1772 MIGRATION – no ground of appeal alleging error by Federal Magistrates Court – difficulty in producing documents relevant to case – no denial of procedural fairness – impermissible challenge to factual findings of Tribunal – application for legal assistance – referral under O 80 refused – appeal dismissed
Federal Court Rules 1979 (Cth), O 80
F Hoffman-La Roche & Co AG v Secretary of State for Trade and Industry [1975] AC 295 followed Premalal v Minister for Immigration, Local Government and Ethnic Affairs (1993) 41 FCR 117 followed Rivera v Minister for Home Affairs [2008] FCA 1 applied Singh v Minister for Immigration and Ethnic Affairs (1985) 9 ALN N13 distinguished SZBEL v Minister for Immigration and Multicultural and Indigenous Affairs [2006] HCA 63, 228 CLR 152 applied SZCQA v Minister for Immigration [2008] FMCA 1300 cited SZHBP v Minister for Immigration and Citizenship [2008] FCA 1299, 103 ALD 595 followed Taylor v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 319 considered
Taylor S, Informational Deficiencies Affecting Refugee Status Determinations: Sources and Solutions (1994) 13 Univ Tas L Rev 43 SZCQA v MINISTER FOR IMMIGRATION AND CITIZENSHIP AND ANOR
NSD 1571 of 2008
FLICK J
26 NOVEMBER 2008
SYDNEY IN THE FEDERAL COURT OF AUSTRALIA
NSW DISTRICT REGISTRY NSD 1571 of 2008
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: SZCQA
Appellant
AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE: FLICK J
DATE OF ORDER: 26 NOVEMBER 2008
WHERE MADE: SYDNEY
THE ORDERS OF THE COURT ARE: 1. The Notice of Appeal as filed on 7 October 2008 is dismissed. 2. The Appellant is 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. The text of entered orders can be located using eSearch on the Court's website.
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate