Minister for Immigration and Citizenship v SZNPG [2010] FCAFC 51

FEDERAL COURT OF AUSTRALIA

Minister for Immigration and Citizenship v SZNPG [2010] FCAFC 51 Citation: Minister for Immigration and Citizenship v SZNPG [2010] FCAFC 51

Appeal from: SZNPG v Minister for Immigration & Anor [2009] FMCA 1033

Parties: MINISTER FOR IMMIGRATION AND CITIZENSHIP v SZNPG and REFUGEE REVIEW TRIBUNAL

File number: NSD 1442 of 2009

Judges: NORTH, LANDER AND KATZMANN JJ

Date of judgment: 4 June 2010

Catchwords: MIGRATION – review of a decision of the Refugee Review Tribunal (RRT) – Federal Magistrate quashing a decision of the RRT and requiring the RRT to review the application according to law – claim that the decision maker was biased or that there might be apprehension of bias was based upon the decision maker's refusal to give certain evidence sufficient weight to overcome concerns arising from consideration of all other evidence – no merits review of the RRT's decision – wrong finding of fact is not an error of law – unsound reasoning is not an error of law – brevity with which the RRT dealt with the corroborative evidence is unsatisfactory but it did not fall into jurisdictional error

Legislation: Migration Act 1958 (Cth)

Cases cited: Anderson v Director General of the Department of Environmental and Climate Change [2008] NSWCA 337; (2008) 251 ALR 633 Applicant WAEE v Minister for Immigration and Multicultural and Indigenous Affairs (2003) 75 ALD 630 Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321 Belmorgan Property Development Pty Ltd v GP Re Ltd [2007] NSWCA 171; (2007) 153 LGREA 450 Bruce v Cole (1998) 45 NSWLR 163 cited Greyhound Racing Authority (NSW) v Bragg [2003] NSWCA 388 Kindimindi Investments Pty Ltd v Lane Cove Council [2006] NSWCA 23; (2006) 142 LGREA 277 Minister for Aboriginal Affairs v Peko-Wallsend Ltd (1986) 162 CLR 24 Minister for Immigration and Citizenship v SZMDS [2010] HCA 16 Minister for Immigration and Multicultural Affairs v Anthonypillai [2001] FCA 274; (2001) 106 FCR 426 Minister for Immigration and Multicultural Affairs v Bhardwaj (2002) 209 CLR 597 Minister for Immigration and Multicultural Affairs, Re; Ex parte Durairajasingham [2000] HCA 1; (2000) 168 ALR 407 Minister for Immigration and Multicultural Affairs v Eshetu (1999) 197 CLR 611 Minister for Immigration and Multicultural Affairs, Re; Ex parte Applicant S20/2002 [2003] HCA 30; (2003) 198 ALR 59 Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 NABE v Minister for Immigration and Multicultural and Indigenous Affairs (No 2) (2004) 144 FCR 1 Refugee Review Tribunal, Re; Ex parte H [2001] HCA 28; (2001) 179 ALR 425 Reg v The District Court; Ex parte White (1966) 116 CLR 644 Rezaei v Minister for Immigration and Multicultural Affairs [2001] FCA 1294 SBBS v Minister for Immigration and Multicultural and Indigenous Afffairs (2002) 194 ALR 749 Smith v New South Wales Bar Association (1992) 176 CLR 256 Thirukkumar v Minister for Immigration and Multicultural Affairs [2002] FCAFC 268 WAIJ v Minister for Immigration and Multicultural and Indigenous Affairs (2004) 80 ALD 568 Waterford v The Commonwealth (1987) 163 CLR 54