Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZGME v Minister for Immigration and Citizenship [2008] FCAFC 91
MIGRATION – proper construction of s 48A Migration Act – whether s 48A applies to invalid applications – whether valid application was made.
MIGRATION – whether Full Court authorities in Yilmaz v Minister for Immigration and Multicultural Affairs (2000) 100 FCR 495 and Minister for Immigration and Multicultural Affairs v Li (2000) 103 FCR 486 are inconsistent.
MIGRATION – proper construction of phrase "in the interests of justice" in s 477(2) of the Migration Act.
MIGRATION – substantial compliance with Form 866.
PRECEDENT – proper approach of Federal Magistrate to authority of single Judge exercising the appellate jurisdiction of the Federal Court.
PRECEDENT – proper approach of single Judge exercising appellate jurisdiction when faced with Full Court authority in appellate jurisdiction.
Held: (a) Section 48A of the Migration Act applies only to valid applications for a protection visa. (b) The Full Court authorities in Yilmaz v Minister for Immigration and Multicultural Affairs (2000) 100 FCR 495 and Minister for Immigration and Multicultural Affairs v Li (2000) 103 FCR 486 are not inconsistent. (c) Extension of time for bringing an application in the Federal Magistrates Court not "in the interests of justice" within the meaning of s 477(2) of the Migration Act. (d) Refugee Review Tribunal did not err in hearing a review on individual claims of appellants.
Acts Interpretation Act 1901 (Cth) s 25C Migration Act 1958 (Cth) s 48A
Bal v Minister for Immigration and Multicultural and Indigenous Affairs (2002) 189 ALR 566 discussed Collector of Customs (NSW) v Brian Lawlor Automotive Pty Limited (1979) 41 FLR 338 discussed Dranichnikov v Minister for Immigration and Multicultural Affairs (2001) 109 FCR 397 distinguished Meyers v Casey (1913) 17 CLR 90 cited Miliangos v George Frank (Textiles) Ltd [1976] AC 443 referred to Minister for Immigration and Multicultural Affairs v Li (2000) 103 FCR 486 discussed and applied Minister for Immigration and Multicultural and Indigenous Affairs v Ahmed (2005) 143 FCR 314 discussed Minister for Immigration and Multicultural and Indigenous Affairs v WAIK [2003] FCAFC 307 discussed Phanouvong v Minister for Immigration and Multicultural Affairs (1999) 60 ALD 438 referred to Proctor v Jetway Aviation Pty Ltd [1984] 1 NSWLR 166 referred to Re Refugee Review Tribunal; Ex parte Aala (2000) 204 CLR 82 cited SAAP v Minister for Immigration and Multicultural and Indigenous Affairs (2005) 215 ALR 162 referred to Soondur v Minister for Immigration and Multicultural Affairs (2002) 122 FCR 578 cited SZBYR v Minister for Immigration and Citizenship 235 ALR 609 cited SZECD v Minister for Immigration and Multicultural and Indigenous Affairs (2006) 150 FCR 53 discussed and disapproved Thayananthan v Minister for Immigration and Multicultural Affairs (2001) 113 FCR 297 referred to Uddin v Minister for Immigration and Multicultural and Indigenous Affairs (2005) 149 FCR 1 referred to Yilmaz v Minister in Immigration and Multicultural Affairs (2000) 100 FCR 495 discussed and explained Zubair v Minister for Immigration and Multicultural and Indigenous Affairs (2004) 139 FCR 344 discussed
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate