Minister for Immigration and Citizenship v SZHXF [2008] FCAFC 36

FEDERAL COURT OF AUSTRALIA

Minister for Immigration and Citizenship v SZHXF [2008] FCAFC 36 MIGRATION LAW – whether reliance on an external source "information" for s 424A(1) of the Migration Act 1958 (Cth) – whether information "about the applicant or another person" for s 424A(3)(a). Federal Proceedings (Costs) Act 1981 (Cth) Migration Act 1958 (Cth) ss 36, 424A(1), 424A(3)(a) SZBYR v Minister for Immigration and Citizenship (2007) 235 ALR 609 applied NANM and NANN of 2002 v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCAFC 99 cited VAF v Minister for Immigration and Multicultural and Indigenous Affairs (2004) 206 ALR 471 cited VHAJ v Minister for Immigration and Multicultural and Indigenous Affairs (2003) 131 FCR 80 cited VHAP of 2002 v Minister for Immigration and Multicultural and Indigenous Affairs (2004) 80 ALD 559 referred to MINISTER FOR IMMIGRATION AND CITIZENSHIP v SZHXF AND REFUGEE REVIEW TRIBUNAL NSD 1798 OF 2007

TAMBERLIN, GYLES AND STONE JJ

13 MARCH 2008

SYDNEY IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 1798 OF 2007

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: MINISTER FOR IMMIGRATION AND CITIZENSHIP

Appellant

AND: SZHXF

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

JUDGES: TAMBERLIN, GYLES AND STONE JJ DATE OF ORDER: 13 MARCH 2008

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. The appeal be allowed. 2. The decision of Scarlett FM of 14 August 2007 be set aside. 3. The first respondent pay the appellant's costs of the proceedings before the Federal Magistrate and this appeal. 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 1798 OF 2007