Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZLHP v Minister for Immigration and Citizenship [2008] FCAFC 152
MIGRATION – whether Tribunal decision was affected by fraud – whether complicity of the appellant in any fraud denied him the right to complain about it – refusal of constitutional writ relief on discretionary grounds FRAUD – the need for care in making findings of fraud in the area of public law
Constitution s 75(v) Migration Act 1958 (Cth) Pt 7, ss 48A, 281, 314, 411, 412, 414(1), 425 Legal Profession Act 1987 (NSW) ss 37(1)(f), 38 Cheall v Association of Professional Executive Clerical and Computer Staff [1983] 2 AC 180 cited Lazarus Estates Ltd v Beasley [1956] 1 QB 702 cited Minister for Immigration and Multicultural Affairs v SZFDE (2006) 154 FCR 365 cited NAWZ v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCA 160 cited NAWZ v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 199 cited Re Refugee Review Tribunal; ex parte AALA (2000) 204 CLR 82 referred to SZFDE v Minister for Immigration and Citizenship (2007) 237 ALR 64; 81 ALJR 1401 distinguished SZLHP v MINISTER FOR IMMIGRATION AND CITIZENSHIP and REFUGEE REVIEW TRIBUNAL
NSD 512 of 2008
BRANSON, LINDGREN AND GRAHAM JJ
19 August 2008
SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 512 of 2008
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: SZLHP
Appellant
AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGES: BRANSON, LINDGREN AND GRAHAM JJ DATE OF ORDER: 19 August 2008
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. The appeal be dismissed. 2. The appellant pay the first respondent's costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
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