Minister for Immigration and Citizenship v SZMOK [2009] FCAFC 83

FEDERAL COURT OF AUSTRALIA

Minister for Immigration and Citizenship v SZMOK [2009] FCAFC 83

MIGRATION – appeal from judgment of Federal Magistrate – application seeking judicial review of decision of Refugee Review Tribunal – whether Refugee Review Tribunal failed to afford the applicant procedural fairness – applicant raised new issue during Review Tribunal hearing – Refugee Review Tribunal told applicant it would consider corroborative evidence submitted after the hearing – whether s 425 of the Migration Act 1958 (Cth) required the Refugee Review Tribunal to afford the applicant a further hearing – whether rejection of corroborative evidence by the Refugee Review Tribunal was information within the meaning of s 424A of the Migration Act 1958 (Cth)

Migration Act 1958 (Cth) ss 29(1), 36(1), 45, 46, 47, 65, 411(1)(c), 412, 414, 415, 420(1), 422B(1), 422B(3), 423, 424, 424AA, 424A, 424B, 425, 425A, 426, 427, 429, 429A Migration Amendment (Review Provisions) Act 2007 (Cth) Minister for Immigration & Multicultural Affairs v Eshetu (1999) 197 CLR 611 Minister for Immigration & Multicultural & Indigenous Affairs v Lat (2006) 151 FCR 214 Re Minister for Immigration & Multicultural Affairs; Ex parte Miah (2001) 206 CLR 57 NAFF v Minister for Immigration & Multicultural & Indigenous Affairs (2004) 221 CLR 1 SZBEL v Minister for Immigration & Multicultural and Indigenous Affairs (2006) 228 CLR 152 SZBYR v Minister for Immigration & Citizenship (2007) 235 ALR 609 SZLLY v Minister for Immigration & Citizenship (2009) 107 ALD 352 VAAD v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCAFC 117 WACO v Minister for Immigration & Multicultural & Indigenous Affairs (2003) 131 FCR 511 WAGU v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 912 WAJR v Minister for Immigration & Multicultural & Indigenous Affairs (2004) 204 ALR 624 MINISTER FOR IMMIGRATION AND CITIZENSHIP v SZMOK & ORS