SBKC v Minister for Immigration and Citizenship [2011] FCA 533

FEDERAL COURT OF AUSTRALIA

SBKC v Minister for Immigration and Citizenship [2011] FCA 533 Citation: SBKC v Minister for Immigration and Citizenship [2011] FCA 533

Appeal from: SBKC v Minister for Immigration & Anor [2010] FMCA 984

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

File number: SAD 216 of 2010

Judge: MARSHALL J

Date of judgment: 19 May 2011

Catchwords: MIGRATION – Appeal from the Federal Magistrates Court – appellant claims entitlement to a protection visa – claims fear of persecution on grounds of political opinion, ethnicity and religion – appellant claims the Refugee Review Tribunal should have arranged for him to undergo a medical examination under s 427(1)(d) – whether the Refugee Review Tribunal should have raised concerns regarding the appellants credibility

Legislation: Migration Act 1958 (Cth) s 91R(3), s 424A(3)(a), s 425, s 427(1)(d)

Cases cited: SZBEL v Minister for Immigration and Multicultural and Indigenous Affairs (2006) 228 CLR 152 Plaintiff M61/2010E v Commonwealth (2010) 272 ALR 14 Minister for Immigration and Multicultural and Indigenous Affairs v SGLB (2004) 207 ALR 12

Date of hearing: 19 May 2011

Place: Adelaide

Division: GENERAL DIVISION

Category: Catchwords

Number of paragraphs: 28

Counsel for the Appellant: The Appellant appeared in person

Counsel for the Respondents: Mr P d'Assumpcao

Solicitor for the Respondents: Australian Government Solicitor

IN THE FEDERAL COURT OF AUSTRALIA SOUTH AUSTRALIA DISTRICT REGISTRY GENERAL DIVISION SAD 216 of 2010