SZMAP v Minister for Immigration and Citizenship [2009] FCA 545

FEDERAL COURT OF AUSTRALIA

SZMAP v Minister for Immigration and Citizenship [2009] FCA 545

MIGRATION – consideration of whether the Refugee Review Tribunal fell into jurisdictional error by failing to give consideration to facts said to give rise to a claim of a well‑founded fear of persecution on the ground of the appellant's contended membership of a particular social group Migration Act 1958 (Cth), s 424A Minister for Immigration and Multicultural Affairs v Yusuf (2001) 206 CLR 323 Applicant WAEE v Minister for Immigration and Multicultural and Indigenous Affairs (2003) 75 ALD 630 Dranichnikov v Minister for Immigration and Multicultural Affairs (2003) 197 ALR 389 SDAQ v Minister for Immigration and Multicultural and Indigenous Affairs (2003) 199 ALR 265 Paramananthan v Minister for Immigration and Multicultural Affairs (1999) 94 FCR 28 NABE v Minister for Immigration and Multicultural and Indigenous Affairs (No. 2) (2005) 144 FCR 1 SZMAP v MINISTER FOR IMMIGRATION AND CITIZENSHIP and REFUGEE REVIEW TRIBUNAL

NSD1139 of 2008

GREENWOOD J

26 MAY 2009

SYDNEY (VIA VIDEO-LINK FROM brisbane)

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD1139 of 2008

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: SZMAP

Appellant

AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

JUDGE: GREENWOOD J

DATE OF ORDER: 26 MAY 2009

WHERE MADE: SYDNEY (VIA VIDEO-LINK FROM brisbane)

THE COURT ORDERS THAT:

1. The appeal is dismissed. 2. The appellant shall pay the first respondent's costs of and incidental to the appeal. 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.