SZGSI v Minister for Immigration and Citizenship [2007] FCAFC 110

FEDERAL COURT OF AUSTRALIA

SZGSI v Minister for Immigration and Citizenship [2007] FCAFC 110 MIGRATION – application for protection visas - appeal from decision of Federal Magistrate – whether Tribunal failed to comply with statutory obligation to give information – where appellants provided reference letter to Tribunal from Chairman of Church attended by appellants – where Tribunal contacted Chairman, who confirmed Church attendance but was unable to provide details on other matters – whether "information" for the purposes of s 424A of the Migration Act 1958 (Cth) MIGRATION –whether Tribunal failed to comply with statutory obligation to give information - where second appellant was spouse of first appellant and an applicant for review in own right - where second appellant gave evidence before Tribunal which formed part of the reason for affirming the delegate's decision –- whether evidence was information "that the applicant gave for the purposes of review" under s 424A(3)(b) WORDS AND PHRASES – "the applicant" Acts Interpretation Act 1901 (Cth) s 23 Migration Act 1958 (Cth)ss 36, 36(2)(a), 36(2)(b), 57, 424A, 424A(1), 424A(3)(b), 412, 412(2), 414A Migration Regulations 1994 reg 1401(3)(c) Applicant M47/2004 v Minister for Immigration and Multicultural and Indigenous Affairs [2006] FCA 176 referred to MZWMQ v Minister for Immigration & Indigenous Affairs [2005] FCA 1263referred to NBKS v Minister for Immigration and Multicultural and Indigenous Affairs (2006) 156 FCR 205 followed SAAP v Minister for Immigration and Multicultural and Indigenous Affairs (2005) 215 ALR 162applied SZBYR v Minister for Immigration and Citizenship [2007] HCA 26 cited SZECF v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 1200 cited SZEEU v Minister for Immigration and Multicultural and Indigenous Affairs (2006) 150 FCR 214 followed VAF v Minister for Immigration and Multicultural and Indigenous Affairs (2004) 206 ALR 471 followed