SZOLC v Minister for Immigration and Citizenship [2010] FCA 1285

FEDERAL COURT OF AUSTRALIA

SZOLC v Minister for Immigration and Citizenship [2010] FCA 1285

Citation: SZOLC v Minister for Immigration and Citizenship [2010] FCA 1285

Appeal from: SZOLC v Minister for Immigration and Citizenship [2010] FMCA 640

Parties: SZOLC v MINISTER FOR IMMIGRATION AND CITIZENSHIP and REFUGEE REVIEW TRIBUNAL

File number: NSD 1154 of 2010

Judge: DODDS-STREETON J

Date of judgment: 23 November 2010

Catchwords: MIGRATION – first respondent's delegate refuses to grant appellant a protection (Class XA) visa – appeal from Federal Magistrate's decision dismissing application for review of the decision of the Refugee Review Tribunal, affirming the delegate's decision – whether the Tribunal erred in concluding reasonable to relocate in Thailand – whether Tribunal failed to take into account relevant considerations and took into account irrelevant considerations – whether grounds of appeal were deficient in form – whether new ground of appeal‑whether reasonable prospects of success – factors taken into account ‑ appeal dismissed

Legislation: Federal Court of Australia Act 1976 (Cth)

Cases cited: Iyer v Minister for Immigration & Multicultural Affairs [2000] FCA 1788 Minister for Aboriginal Affairs v Peko-Wallsend Ltd (1986) 162 CLR 24 NAJT v Minister for Immigration & Multicultural & Indigenous Affairs (2005) 147 FCR 51 Randhawa v Minister for Immigration (1994) 52 FCR 437 SZATV v Minister for Immigration and Citizenship (2007) 233 CLR 18 SZKCQ v Minister for Immigration and Citizenship [2009] FCA 578 SZMIP v Minister for Immigration and Citizenship [2009] FCA 217 VUAX v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 158