Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZLVI v Minister for Immigration & Citizenship [2008] FCA 1898
MIGRATION – Grounds of Appeal drafted by migration agent – no instructions by Appellant – alleged bias on part of Refugee Review Tribunal – argument not raised before Federal Magistrates Court – allegation that decision of Federal Magistrate neither "fair" nor "reasonable" – provision of proper interpreter services – appeal dismissed
Attorney-General for the State of New South Wales v Quin (1990) 170 CLR 1 applied Re JRL, Ex parte CJL (1986) 161 CLR 342 applied Re Refugee Review Tribunal, Ex parte H [2001] HCA 28, 179 ALR 425 followed SBBF v Minister for Immigration and Multicultural and Indigenous Affairs [2002] FCAFC 358 followed SZBEL v Minister for Immigration and Multicultural and Indigenous Affairs [2006] HCA 63, 228 CLR 152 applied SZGWN v Minister for Immigration and Citizenship [2008] FCA 238, 103 ALD 144 considered SZLVI v Minister for Immigration [2008] FMCA 1206 cited SZLVN v Minister for Immigration & Citizenship [2008] FCA 1301 applied VFAB v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCA 872, 131 FCR 102 cited SZLVI v MINISTER FOR IMMIGRATION AND CITIZENSHIP AND ANOR
NSD 1469 of 2008
FLICK J
12 DECEMBER 2008
SYDNEY IN THE FEDERAL COURT OF AUSTRALIA
NSW DISTRICT REGISTRY NSD 1469 of 2008
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: SZLVI
Appellant
AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE: FLICK J
DATE OF ORDER: 12 DECEMBER 2008
WHERE MADE: SYDNEY
THE ORDERS OF THE COURT ARE: 1. The Notice of Appeal as filed on 17 September 2008 is dismissed. 2. The Appellant is to pay the costs of the First Respondent of the hearing on 26 November 2008. 3. There be no other order as to costs. 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.
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