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