Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZINQ v Minister for Immigration and Citizenship [2009] FCA 897
MIGRATION – whether jurisdictional error – whether Federal Magistrate erred in concluding Refugee Review Tribunal had considered all of the appellant's claims – whether the Tribunal erred by relying on information obtained by its own resources and assumed the appellant's evidence to be irrelevant – whether apprehended bias on the part of the Tribunal – whether breach of s 91R(3) of the Migration Act 1958 (Cth) by Tribunal in considering appellant's conduct in Australia – no discernible jurisdictional error Held: appeal dismissed Migration Act 1958 (Cth) Minister for Immigration and Ethnic Affairs v Guo (1997) 191 CLR 559 SZINQ v Minister for Immigration & Anor [2009] FMCA 469
SZINQ v MINISTER FOR IMMIGRATION AND CITIZENSHIP and REFUGEE REVIEW TRIBUNAL
NSD 501 of 2009
JAGOT J
18 AUGUST 2009
SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
General Division NSD 501 of 2009
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: SZINQ
Appellant
AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE: JAGOT J
DATE OF ORDER: 18 AUGUST 2009
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. The appeal be dismissed. 2. The appellant pay the first respondent's costs of the appeal, as agreed or taxed. 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 Federal Law Search on the Court's website.
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
General Division NSD 501 of 2009
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: SZINQ
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