Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZHUH v Minister for Immigration and Citizenship [2008] FCA 1893
Migration Act 1958 (Cth) ss 91R, 422B, 424, 427, 430 Minister for Immigration and Multicultural Affairs v Yusuf (2000) 206 CLR 323 referred to Prasad v Minister for Immigration and Ethnic Affairs (1985) 6 FCR 155 considered SZHUH v MINISTER FOR IMMIGRATION AND CITIZENSHIP and REFUGEE REVIEW TRIBUNAL
NSD 665 of 2008
PERRAM J
22 DECEMBER 2008
SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 665 of 2008
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: SZHUH
Appellant
AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE: PERRAM J
DATE OF ORDER: 22 DECEMBER 2008
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. The appeal be dismissed. 2. The appellant 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. IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 665 of 2008
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: SZHUH
Appellant
AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE: PERRAM J
DATE: 22 DECEMBER 2008
PLACE: SYDNEY
REASONS FOR JUDGMENT 1 This is an appeal from a decision of the Federal Magistrates Court. The appellant is a citizen of India. He arrived in Australia on 12 February 2005. On 23 March 2005 he lodged an application for a protection visa with the Department of Immigration and Multicultural and Indigenous Affairs under the Migration Act 1958 (Cth) ("the Act"). A protection visa is the kind of visa for which a person applies when seeking refugee status. To obtain such a visa it is necessary to demonstrate to the satisfaction of the Minister that the requirements of Article 1A(2) of the Refugees Convention (as amended by the Refugees Protocol) have been met. 2 On 18 July 2005 a delegate of the Minister for Immigration and Multicultural and Indigenous Affairs refused the appellant's application for a protection visa. As he was entitled to do, on 16 August 2005 the appellant applied for a review of that decision. By law the review of that decision was assigned for hearing to the Refugee Review Tribunal ("the Tribunal"). The Tribunal conducted its hearing on 19 October 2005. The Tribunal had before it the departmental file which included the original application for the protection visa and the delegate's decision record. The appellant gave oral evidence before the Tribunal in the Malayalam language and an interpreter was used in respect of his evidence.
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