SZCOV v Minister for Immigration and Citizenship [2008] FCA 1800

FEDERAL COURT OF AUSTRALIA

SZCOV v Minister for Immigration and Citizenship [2008] FCA 1800

MIGRATION – application for review from decision not to grant protection visa – Tribunal did not accept as truthful claims of the applicants – whether Tribunal properly disregarded conduct of the applicants pursuant to s 91R(3) – where comments made by the Tribunal seemed on their face anomalous or inconsistent – Tribunal wrongly used the terms "implausible" and "untruthful" as interchangeable – the Tribunal should say what it means – where Tribunal's language reflects a finding of fact that certain events did not take place – where s 91R(3) therefore not breached – appeal dismissed Migration Act 1958 (Cth) ss 91R(3), 424A, 424AA Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 cited SZCOV & Anor v Minister for Immigration and Citizenship & Anor [2008] FMCA 1171 affirmed SZJGV v Minister for Immigration and Citizenship [2008] FCAFC 105 cited SZCOV and SZCOW v MINISTER FOR IMMIGRATION AND CITIZENSHIP and REFUGEE REVIEW TRIBUNAL

NSD 1488 of 2008

SPENDER J

28 NOVEMBER 2008

SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 1488 of 2008

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: SZCOV

First Appellant

SZCOW

Second Appellant

AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

JUDGE: SPENDER J

DATE OF ORDER: 28 NOVEMBER 2008

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. The appeal be dismissed. 2. The appellants pay the costs of the first respondent of and incidental to the appeal, fixed in the sum of $4000. 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. IN THE FEDERAL COURT OF AUSTRALIA