Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZOHX v Minister for Immigration and Citizenship [2011] FCA 139 Citation: SZOHX v Minister for Immigration and Citizenship [2011] FCA 139
Appeal from: SZOHX v Minister for Immigration & Anor [2010] FMCA 654
Parties: SZOHX v MINISTER FOR IMMIGRATION AND CITIZENSHIP and REFUGEE REVIEW TRIBUNAL
File number: NSD 1176 of 2010
Judge: LANDER J
Date of judgment: 23 February 2011
Catchwords: MIGRATION – judicial review – appeal from Federal Magistrate – whether Federal Magistrate committed jurisdictional error – whether Refugee Review Tribunal's decision was based on a failure to consider relevant evidence. Held: Appeal dismissed – Tribunal's decision made pursuant to s 426A of the Migration Act 1958 (Cth) – Tribunal entitled to make its decision on the evidence before it where the appellant fails to appear.
Legislation: Migration Act 1958 (Cth) ss 425, 426A
Cases cited: VNAA & Anor v Minister for Immigration & Multicultural & Indigenous Affairs (2004) 136 FCR 407 followed
Date of hearing: 16 February 2011
Date of last submissions: 16 February 2011
Place: Adelaide (heard in Sydney)
Division: GENERAL DIVISION
Category: Catchwords
Number of paragraphs: 37
Counsel for the Appellant: The Appellant appeared in person
Counsel for the First Respondent: Mr J Pinder
Solicitor for the First Respondent: DLA Phillips Fox
IN THE FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY GENERAL DIVISION NSD 1176 of 2010
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