SZQDC v Minister for Immigration and Citizenship [2011] FCA 1366

FEDERAL COURT OF AUSTRALIA

SZQDC v Minister for Immigration and Citizenship [2011] FCA 1366 Citation: SZQDC v Minister for Immigration and Citizenship [2011] FCA 1366

Appeal from: SZQDC v Minister for Immigration and Citizenship [2011] FMCA 532

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

File number: NSD 1216 of 2011

Judge: LOGAN J

Date of judgment: 15 November 2011

Catchwords: MIGRATION – irrationality or illogicality – whether in coming to state of satisfaction about appellant's claims the Tribunal acted irrationally or illogically so as to constitute jurisdictional error – no jurisdictional error

Legislation: Migration Act 1958 (Cth) ss 36, 65

Cases cited: Minister for Immigration and Citizenship v SZMDS (2010) 240 CLR 611 followed

Date of hearing: 15 November 2011

Place: Sydney

Division: GENERAL DIVISION

Category: Catchwords

Number of paragraphs: 16

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

Solicitor for the Respondents: DLA Piper Australia

IN THE FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY GENERAL DIVISION NSD 1216 of 2011

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: SZQDC

Appellant

AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

JUDGE: LOGAN J DATE OF ORDER: 15 NOVEMBER 2011 WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. The appeal is dismissed. 2. The appellant is to pay the first respondent's costs of, and incidental to the appeal, to be taxed if not agreed. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011