SZHVD v Minister for Immigration and Citizenship

[2008] FCA 839

FEDERAL COURT OF AUSTRALIA

SZHVD v Minister for Immigration and Citizenship [2008] FCA 839

SZHVD v MINISTER FOR IMMIGRATION AND CITIZENSHIP and REFUGEE REVIEW TRIBUNAL
NSD 2028 OF 2007

MOORE J
29 FEBRUARY 2008
SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	NSD 2028 OF 2007

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN:

SZHVD
Appellant

AND:

MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent

REFUGEE REVIEW TRIBUNAL
Second Respondent

JUDGE:	MOORE J
DATE OF ORDER:	29 FEBRUARY 2008
WHERE MADE:	SYDNEY

THE COURT ORDERS THAT:

1.The appeal is dismissed with 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 2028 OF 2007

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN:

SZHVD
Appellant

AND:

MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent

REFUGEE REVIEW TRIBUNAL
Second Respondent

JUDGE:	MOORE J
DATE:	29 FEBRUARY 2008
PLACE:	SYDNEY

REASONS FOR JUDGMENT

1. This is an appeal against the judgment of a Federal Magistrate of 27 September 2007 dismissing an application for judicial review of a decision of the Refugee Review Tribunal given on 1 December 2005: SZHVD v Minister for Immigration & Anor [2007] FMCA 1634. Four grounds of appeal are identified in the notice of appeal. Two concern issues agitated before the Federal Magistrate, while the other two do not. The appellant has put nothing of substance in support of any of the grounds. It is not apparent to me that the Federal Magistrate erred in the way in which His Honour dealt with the allegation that the Tribunal was biased, or that the Tribunal had failed to comply with section 424A of the Migration Act 1958 (Cth). As to the other matters, as I say, nothing is put in support of them.

2. I propose to order that the appeal be dismissed with costs.

I certify that the preceding two (2) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Moore.

Associate:

Dated:       4 June 2008

The Appellant appeared in person.
Solicitor for the Respondent:	DLA Phillips Fox
Date of Hearing:	29 February 2008
Date of Judgment:	29 February 2008