SZNKP v Minister for Immigration and Citizenship [2009] FCA 1316

FEDERAL COURT OF AUSTRALIA

SZNKP v Minister for Immigration and Citizenship [2009] FCA 1316 Migration Act 1958 (Cth), ss 424A, 424A(1) and 424A(3)(a) SZNKP v Minister for Immigation and Citizenship [2009] FMCA 812 Abebe v Commonwealth (1999) 197 CLR 510 NADR v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCAFC 167 Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 Minister for Immigration and Ethnic Affairs v Guo (1997) 191 CLR 559 SZCOS v Minister for Immigration and Citizenship [2008] FCA 570

SZNKP v MINISTER FOR IMMIGRATION AND CITIZENSHIP and REFUGEE REVIEW TRIBUNAL

NSD 922 of 2009

REEVES J

13 November 2009

SYDNEY IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY

general division NSD 922 of 2009

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: SZNKP

Appellant

AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

JUDGE: REEVES J

DATE OF ORDER: 13 november 2009

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. The appeal be dismissed. 2. The appellant pay the first respondent's costs fixed in the amount of $3,350.00. 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

general division NSD 922 of 2009

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: SZNKP

Appellant

AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

JUDGE: REEVES J

DATE: 13 november 2009

PLACE: SYDNEY

REASONS FOR JUDGMENT 1 This is an appeal against a judgment of a Federal Magistrate delivered on 4 August 2009, dismissing an application for judicial review of a decision of the Refugee Review Tribunal ("the Tribunal").