SZFCI v Minister for Immigration and Multicultural and Indigenous Affairs

[2005] FCA 1754

FEDERAL COURT OF AUSTRALIA

SZFCI v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 1754

SZFCI v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS AND REFUGEE REVIEW TRIBUNAL
NSD 1732 OF 2005

MOORE J
28 NOVEMBER 2005
SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	NSD 1732 OF 2005

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN:

SZCFI
APPELLANT

AND:

MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
FIRST RESPONDENT

REFUGEE REVIEW TRIBUNAL
SECOND RESPONDENT

JUDGE:

MOORE J

DATE OF ORDER:

28 NOVEMBER 2005

WHERE MADE:

SYDNEY

THE COURT ORDERS THAT:

1.The appeal be dismissed.

2.The Appellant pay the First Respondent's costs.

Note:   Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	NSD 1732 OF 2005

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN:

SZCFI
APPELLANT

AND:

MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
FIRST RESPONDENT

REFUGEE REVIEW TRIBUNAL
SECOND RESPONDENT

JUDGE:	MOORE J
DATE:	28 NOVEMBER 2005
PLACE:	SYDNEY

REASONS FOR JUDGMENT

1. This is an appeal against a judgement of a Federal Magistrate of 30 August 2005 dismissing an application for judicial review of a decision of the Refugee Review Tribunal ("the Tribunal") of 11 November 2004. 

2. The application for judicial review raised two grounds.  The first was that the Tribunal was biased and the second was that the Tribunal did not refer to sufficient independent country information and did not give the appellant a chance to explain the inconsistencies noted by the Tribunal in its reasons for decision.  The Federal Magistrate rejected those grounds of review.

3. The notice of appeal repeats the allegation that the Tribunal was biased.  It also points to the fact that the Federal Magistrate gave an ex tempore judgment.  Nothing has been put to me in this appeal which suggests that the Tribunal was biased nor that the Federal Magistrate erred in concluding it was not.  The appeal otherwise does not appear to raise any tenable ground upon which the decision of the Tribunal might be set aside.

4. The appeal should be dismissed with costs.

I certify that the preceding four (4) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Moore.

Associate:

Dated:            23 December 2005

The Appellant appeared in person
Counsel for the First Respondent:	T Reilly
Solicitor for the First Respondent:	Sparke Helmore
Date of Hearing:	28 November 2005
Date of Judgment:	28 November 2005