SZOYO v Minister for Immigration & Citizenship [2011] FCA 1239

FEDERAL COURT OF AUSTRALIA

SZOYO v Minister for Immigration & Citizenship [2011] FCA 1239 Citation: SZOYO v Minister for Immigration & Citizenship [2011] FCA 1239

Appeal from: SZOYO v Minister for Immigration & Anor [2011] FMCA 521

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

File number(s): NSD 1069 of 2011

Judge: KATZMANN J

Date of judgment: 31 October 2011

Legislation: Migration Act 1958 (Cth) ss 36(2), 476(1)

Cases cited: Plaintiff S157/2002 v The Commonwealth of Australia (2003) 211 CLR 476 SLMB v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 129

Date of hearing: 31 October 2011

Place: Sydney

Division: GENERAL DIVISION

Category: No catchwords

Number of paragraphs: 7

Counsel for the Appellant: The appellant appeared in person with the assistance of an interpreter.

Solicitor for the First Respondent: Mr R Baird of Clayton Utz

Counsel for the Second Respondent: Submitting appearance

IN THE FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY GENERAL DIVISION NSD 1069 of 2011

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: SZOYO

Appellant

AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

JUDGE: KATZMANN J DATE OF ORDER: 31 OCTOBER 2011 WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. The appeal be dismissed. 2. The appellant pay the first respondent's costs. 3. Pursuant to r 40.02 of the Federal Court Rules, the first respondent's costs be fixed in the sum of $2,635. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.