SZEEU v Minister for Immigration and Multicultural and Indigenous Affairs [2006] FCAFC 2

FEDERAL COURT OF AUSTRALIA

SZEEU v Minister for Immigration and Multicultural and Indigenous Affairs [2006] FCAFC 2 PRACTICE AND PROCEDURE – circumstances in which a later Full Court can depart from an earlier Full Court decision – stare decisis – determining ratio decidendi – application of Minister for Immigration and Multicultural Affairs v Al Shamry (2001) 110 FCR 27 MIGRATION – the application of s 424A(1) of the Migration Act 1958 (Cth) – meaning of 'application', 'information', and 'reason, or part of the reason' in s 424A WORDS AND PHRASES- 'information … that the applicant gave for the purpose of the application', 'information that the Tribunal considers would be the reason, or a part of the reason, for affirming the decision that is under review', 'application', 'plainly wrong' Migration Act 1958 (Cth), s 424A(1)(a), 424A(3)(b) Judiciary Act 1903 (Cth), s 39B(1) Antoun v The Queen [2006] HCA 2 referred to Attorney-General for NSW v Perpetual Trustee Co (Ltd) (1952) 85 CLR 237 referred to Australian Securities Commission v Marlborough Gold Mines Limited (1993) 177 CLR 485 referred to Behrens v Bertram Mills Circus Ltd [1957] 2 QB 1 referred to Bennett & Wood v Orange City Council [1967] 1 NSWR 502 referred to Bridges v Bridges (1945) 45 SR (NSW) 64 referred to Chamberlain v The Queen (1983) 72 FLR 1 followed Dagli v Minister for Immigration and Multicultural Affairs (2003) 133 FCR 541 referred to Davis v Johnson [1979] AC 264 referred to John v Federal Commissioner of Taxation (1989) 166 CLR 417 cited Lu v Minister for Immigration and Multicultural and Indigenous Affairs (2004) 141 FCR 346 referred to Miliangos v George Frank (Textiles) Ltd [1976] AC 443 referred to Minister for Immigration and Multicultural Affairs v Al Shamry (2001) 110 FCR 27 applied Minister for Immigration and Multicultural and Indigenous Affairs v SZAYW [2005] FCAFC 154 referred to MZWPK v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 1256 disapproved NAIH of 2002 v Minister for Immigration and Multicultural and Indigenous Affairs (2002) 124 FCR 223 discussed and explained NAZY v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 744 discussed Nguyen v Nguyen (1990) 169 CLR 245 referred to Paul v Minister for Immigration and Multicultural Affairs (2001) 113 FCR 396 discussed and not followed in part Pretoria City Council v Levison 1949 (3) SA 305 referred to Project Blue Sky Inc v Australian Broadcasting Authority (1998) 194 CLR 355 referred to Re Refugee Review Tribunal; Ex parte Aala (2000) 204 CLR 82 referred to SAAP v Minister for Immigration and Multicultural and Indigenous Affairs (2005) 215 ALR 162 applied Stead v State Government Insurance Commission (1986) 161 CLR 141 referred to SZECF v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 1200 discussed and applied SZEFM v Minister for Immigration and Multicultural Affairs [2006] FCA 78 referred to SZEKY v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 1138 disapproved Telstra Corporation Ltd v Treloar (2000) 102 FCR 595 referred to Tin v Minister for Immigration and Multicultural Affairs [2000] FCA 1109 referred to Transurban City Link v Allan (1999) 95 FCR 553 followed VAF v Minister for Immigration and Multicultural and Indigenous Affairs (2004) 206 ALR 471 discussed not followed in part Victoria v Commonwealth (1996) 187 CLR 416 referred to Wu v Minister for Immigration and Multicultural Affairs (2000) 105 FCR 39 referred to Young v Bristol Aeroplane Company, Limited [1944] 1 KB 718 referred to Zecevic v Direction of Public Prosecutions (Victoria) (1987) 162 CLR 645 referred to R Cross and JW Harris, Precedent in English Law (4th ed, 1991) AL Goodhardt "Precedent in English and Continental Law" (1934) Law Quarterly Review 40 G Williams, Learning the Law (1982, 11th ed) J Stone, Legal System and Lawyers' Reasonings (1964) Practice Statement (Judicial Precedent) [1966] 1 WLR 1234 The Complete Oxford English Dictionary (2nd ed, 1991)