Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Minister for Immigration and Citizenship v SZIQB [2008] FCAFC 20
MIGRATION – appeal from Federal Magistrates Court – exercise of discretion of Federal Magistrate – s 476 Migration Act 1958 (Cth) – long delay in seeking judicial review of decision of Refugee Review Tribunal – whether delay sufficient reason to refuse discretionary relief in matter concerning claimed refugee status – relevance of explanation for delay – relevance of apparent strength of claim – Held: discretion exercised on erroneous principle – not a case of delay alone – in the circumstances delay of seven years called for explanation – explanation unsatisfactory – appeal allowed – application for judicial review dismissed.
The Constitution 1901 s 75(v) Federal Magistrates Act 1999 (Cth) s 16 Migration Act 1958 (Cth) ss 36, 52(3B), 91, 411, 412, 420, 476 Migration Regulations 1994 (Cth) reg 4.39 Gararth v Minister for Immigration and Multicultural and Indigenous Affairs (2006) 91 ALD 790 cited Howard v Australian Electoral Commission [2000] FCA 1767 cited Jess v Scott (1986) 12 FCR 187 cited Re Refugee Tribunal; ex parte Aala (2000) 204 CLR 82cited S58 of 2003 v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCA 451cited SZBYR v Minister for Immigration 235 ALR 609 cited Xie v Minister for Immigration and Multicultural Affairs (1999) 95 FCR 543cited MINISTER FOR IMMIGRATION AND CITIZENSHIP v SZIQB AND REFUGEE REVIEW TRIBUNAL NSD 1949 OF 2007
BRANSON, EMMETT AND BENNETT JJ
6 MARCH 2008
SYDNEY IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 1949 OF 2007
ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA
BETWEEN: MINISTER FOR IMMIGRATION AND CITIZENSHIP
Appellant
AND: SZIQB
First Respondent
REFUGEE REVIEW TRIBUNAL
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