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

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

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.

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

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.

Associate:

Dated:              23 December 2005