SZKOO v Minister for Immigration and Citizenship [2009] FCA 1402

FEDERAL COURT OF AUSTRALIA

SZKOO v Minister for Immigration and Citizenship [2009] FCA 1402

MIGRATION — alleged failure on part of Tribunal to consider claims advanced — findings as to credibility— alleged denial of opportunity to be heard — amendment to Notice of Appeal Held: Appeal dismissed

Migration Act 1958 (Cth) ss 422B, 424A, 425 Federal Court Rules O 62 r 4(2)(c)

Guo v Minister for Immigration and Ethnic Affairs (1996) 64 FCR 151, cited Kopalapillai v Minister for Immigration and Multicultural Affairs (1998) 86 FCR 547, referred to Re Minister for Immigration and Multicultural Affairs; Ex parte Durairajasingham [2000] HCA 1, 168 ALR 407, cited SZFDE v Minister for Immigration and Citizenship [2007] HCA 35, 232 CLR 189, applied SZKOO v Minister for Immigration and Citizenship [2009] FMCA 729, affirmed

Taylor S, "Informational Deficiencies Affecting Refugee Status Determinations: Sources and Solutions" (1994) 13 U Tas LR 43 SZKOO v MINISTER FOR IMMIGRATION AND CITIZENSHIP AND ANOR

NSD 938 of 2009 FLICK J

27 NOVEMBER 2009

SYDNEY IN THE FEDERAL COURT OF AUSTRALIA

NSW DISTRICT REGISTRY

GENERAL DIVISION NSD 938 of 2009

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA BETWEEN: SZKOO

Appellant

AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

JUDGE: FLICK J

DATE OF ORDER: 27 NOVEMBER 2009

WHERE MADE: sydney

THE COURT ORDERS THAT:

1. The Notice of Appeal as filed on 26 August 2009 is dismissed. 2. The Appellant is to pay the costs of the First Respondent fixed in the sum of $3,265. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. The text of orders can be located using eSearch on the Court's website.