FEDERAL COURT OF AUSTRALIA
SZFYW v Minister for Immigration & Citizenship [2008] FCA 1259
MIGRATION – earlier Tribunal decisions – findings not binding on later Tribunal – genuine opportunity to be heard – no apprehension of bias
Migration Act1958 (Cth), ss 424A, 425, 430
Minister for Immigration and Multicultural Affairs v Wang [2003] HCA 11, 215 CLR 518 followed
NADH v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 328, 214 ALR 264 followed
NBKM v Minister for Immigration & Citizenship [2007] FCA 1413 considered
Re Confidential and Australian Prudential Regulation Authority [2005] AATA 1264, 42 AAR 297 followed
Re Drake and Minister for Immigration and Ethnic Affairs (No 2) (1979) 2 ALD 634 followed
Re JRL; Ex parte CJL (1986) 161 CLR 342 followed
Re Minister for Immigration and Multicultural Affairs; Ex parte Applicant S 154/2002 [2003] HCA 60 at [58], 201 ALR 437 followed
SZBYR v Minister for Immigration and Citizenship [2007] HCA 26, 81 ALJR 1190 followed
SZDFZ v Minister for Immigration & Citizenship [2008] FCA 390 considered
SZFYW v Minister for Immigration & Citizenship [2008] FMCA 813 cited
SZHKA v Minister for Immigration & Citizenship [2008] FCAFC 138 followed
SZIAT v Minister for Immigration & Citizenship [2008] FCA 766 followedSZFYW v MINISTER FOR IMMIGRATION AND CITIZENSHIP AND REFUGEE REVIEW TRIBUNAL
NSD 1001 OF 2008
FLICK J
18 AUGUST 2008
SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NSW DISTRICT REGISTRY
NSD 1001 OF 2008
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN:
SZFYW
AppellantAND:
MINISTER FOR IMMIGRATION AND CITIZENSHIP
First RespondentREFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE:
FLICK J
DATE OF ORDER:
18 AUGUST 2008
WHERE MADE:
SYDNEY
THE ORDERS OF THE COURT ARE:
1.The appeal be dismissed.
2.The Appellant to pay the costs of the First Respondent.
Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
NSW DISTRICT REGISTRY
NSD 1001 OF 2008
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN:
SZFYW
AppellantAND:
MINISTER FOR IMMIGRATION AND CITIZENSHIP
First RespondentREFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE:
FLICK J
DATE:
18 AUGUST 2008
PLACE:
SYDNEY
REASONS FOR JUDGMENT
The Appellant is a citizen of China who arrived in Australia on 7 July 2004.
He applied to the Department of Immigration and Citizenship for a Protection (Class XA) Visa on 19 July 2004. That application was refused on 21 July 2004 and the now Appellant sought review by the Refugee Review Tribunal. There thereafter followed two decisions of the Tribunal, both decisions being set aside by decisions of the Federal Magistrates Court.
The third decision of the Tribunal, and the one the subject of decision by the Federal Magistrates Court which is now under appeal, was signed on 8 February 2008. Before the Tribunal the now Appellant claimed to have a well founded fear of persecution because he copied CDs in a computer shop that he owned for the “
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- AGLC
- SZFYW v MIAC [2008] FCA 1259
- Case
- [2008] FCA 1259
- Decision Date
CaseChat Overview and Summary
The court held that the Appellant's grounds of appeal were not substantiated. The court found that the RRT was not bound by the findings of the earlier decisions and could reach its own conclusions based on the evidence presented. Additionally, the court found no evidence of bias in the RRT's decision-making process. The Appellant was given a genuine opportunity to be heard and present his case, and the RRT had provided adequate reasons for its decision. Lastly, the court found that the Federal Magistrates Court had properly and fairly considered the application.
The appeal was dismissed, and the Appellant was ordered to pay the costs of the First Respondent.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
Established by: FLICK J
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