Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Chen v Minister for Immigration and Citizenship [2011] FCAFC 56 Citation: Chen v Minister for Immigration and Citizenship [2011] FCAFC 56
Appeal from: Chen v Minister for Immigration & Anor [2010] FMCA 950
Parties: XIAOPING CHEN v MINISTER FOR IMMIGRATION AND CITIZENSHIP and MIGRATION REVIEW TRIBUNAL
File number: NSD 1796 of 2010
Judges: BENNETT, NICHOLAS AND YATES JJ
Date of judgment: 21 April 2011
Catchwords: MIGRATION – whether jurisdictional error in Tribunal's decision not to call witnesses to give oral evidence – whether jurisdictional error in Tribunal making credibility finding in reasons before assessing other evidence – whether finding of Tribunal was a jurisdictional fact – whether jurisdictional error in Tribunal overlooking evidence in circumstances where Tribunal's attention was not drawn to the evidence – whether jurisdictional error in Tribunal placing little weight on witness statements provided by relatives of visa applicant because relatives had an interest in the outcome of the proceedings
Legislation: Migration Act 1958 (Cth) s 361 Migration Regulations 1994 (Cth) 1.15A
Cases cited: Hossein Avesta v Minister for Immigration and Multicultural Affairs [2002] FCAFC 121 applied Khan v Minister for Immigration and Citizenship [2011] FCAFC 21 cited Minister for Immigration and Citizenship v SZGUR (2011) 273 ALR 223 applied Minister for Immigration and Citizenship v SZNPG (2010) 115 ALD 303 applied Minister for Immigration and Citizenship v SZNSP (2010) 184 FCR 485 applied Minister for Immigration and Multicultural and Indigenous Affairs v Maltsin (2005) 88 ALD 304 distinguished Minister for Immigration and Multicultural and Indigenous Affairs v SCAR (2003) 128 FCR 553 cited Minister for Immigration and Multicultural and Indigenous Affairs v SZBEL (2006) 228 CLR 152 cited Re Minister for Immigration and Multicultural Affairs; Ex parte Applicant S20/2002 (2003) 198 ALR 59 applied Re Minister for Immigration and Multicultural Affairs; Ex parte Durairajasingham (2000) 168 ALR 407 cited SZOHB v Minister for Immigration and Citizenship [2010] FCA 1394 applied W148/00A v Minister for Immigration and Multicultural Affairs (2001) 185 ALR 703 cited Waterford v The Commonwealth (1987) 163 CLR 54 applied
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