SZJGV v Minister for Immigration and Citizenship [2008] FCAFC 105

FEDERAL COURT OF AUSTRALIA

SZJGV v Minister for Immigration and Citizenship [2008] FCAFC 105

MIGRATION – effect of s 91R(3) of the Migration Act 1958 (Cth) ("the Act") – s 91R(3) of the Act can only sensibly be applied once preliminary findings of fact have been made – as the Refugee Review Tribunal ("the Tribunal") was not satisfied the applicant's conduct in Australia satisfied s 91R(3)(b) of the Act, s 91R(3) required the Tribunal to disregard the applicant's conduct in Australia – the Tribunal breached s 91R(3) of the Act and therefore committed a jurisdictional error WORDS & PHRASES – "disregard any conduct engaged in by the person in Australia" Migration Act 1958 (Cth) s 91R(3) SZHAY v Minister for Immigration and Multicultural and Indigenous Affairs (2006) 199 FLR 148 cited SZIBK v Minister for Immigration and Multicultural Affairs [2006] FMCA 1167 cited SZGDA v Minister for Immigration and Citizenship [2007] FMCA 1152 cited SZHFE v Minister for Immigration and Indigenous Affairs (No 2) [2006] FCA 648 cited Minister for Immigration and Multicultural Affairs v Mohammed (2000) 98 FCR 405 cited Minister for Immigration and Multicultural Affairs v Farahanipour (2001) 105 FCR 277 cited SZJGV v MINISTER FOR IMMIGRATION AND CITIZENSHIP and REFUGEE REVIEW TRIBUNAL

NSD 955 OF 2007 SZJXO v MINISTER FOR IMMIGRATION AND CITIZENSHIP and REFUGEE REVIEW TRIBUNAL NSD 1424 OF 2007 SZKBK v MINISTER FOR IMMIGRATION AND CITIZENSHIP and REFUGEE REVIEW TRIBUNAL NSD 1520 OF 2007

SPENDER, EDMONDS AND TRACEY JJ

19 JUNE 2008

SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 955 OF 2007

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: SZJGV

Appellant

AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP

First Respondent

REFUGEE REVIEW TRIBUNAL