SZNCZ v Minister for Immigration and Citizenship [2009] FCA 902

FEDERAL COURT OF AUSTRALIA

SZNCZ v Minister for Immigration and Citizenship [2009] FCA 902

MIGRATION – whether Federal Magistrate in error in concluding evidence before the Refugee Review Tribunal insufficient to found a conclusion that the appellant was a refugee. PRACTICE AND PROCEDURE – appellant failed to appear at the hearing of the appeal – insufficient medical evidence to warrant adjournment of the appeal. Held: appeal dismissed. Migration Act 1958 (Cth) Federal Court Rules Abebe v The Commonwealth (1999) 197 CLR 510; [1999] HCA 14 Applicant A v Minister for Immigration and Ethnic Affairs (1997) 190 CLR 225 Chan Yee Kin v Minister for Immigration and Ethnic Affairs (1989) 169 CLR 379 Minister for Immigration and Ethnic Affairs v Guo (1997) 191 CLR 559 Minister for Immigration and Multicultural Affairs v Rajalingam (1999) 93 FCR 220; [1999] FCA 719 Semunigus v Minister for Immigration and Multicultural Affairs [1999] FCA 422 SZNCZ v Minister for Immigration & Anor [2009] FMCA 466

SZNCZ v MINISTER FOR IMMIGRATION AND CITIZENSHIP and REFUGEE REVIEW TRIBUNAL

NSD 555 of 2009

JAGOT J

17 AUGUST 2009

SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY

General Division NSD 555 of 2009

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: SZNCZ

Appellant

AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

JUDGE: JAGOT J

DATE OF ORDER: 17 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.