Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZQBN v Minister for Immigration & Citizenship [2013] FCAFC 94 Citation: SZQBN v Minister for Immigration & Citizenship [2013] FCAFC 94
Appeal from: SZQBN v Minister for Immigration [2011] FMCA 408
Parties: SZQBN v MINISTER FOR IMMIGRATION AND CITIZENSHIP
File number: NSD 1488 of 2012
Judges: JACOBSON, EDMONDS AND LOGAN JJ
Date of judgment: 20 August 2013
Catchwords: MIGRATION – appellant's tourist visa cancelled by delegate of Minister – Minister conceded jurisdictional error at first instance – Federal Magistrate made factual findings as to the truth of the appellant's statements – whether appellant's conduct constituted transactional bad faith ADMINISTRATIVE LAW – availability of prohibition, certiorari and declarations – circumstances in which bad faith by an applicant may constitute a discretionary bar to the grant of relief – principle in Ex Parte Aala – principle in Ozone Theatres – significant dishonesty and a connection to the relief sought are required to justify the exercise of discretion to refuse relief
Legislation: Migration Act 1958 (Cth) Migration Regulations 1994 (Cth)
Cases cited: Enfield City Corporation v Development Assessment Commission (2000) 199 CLR 135 Meyers v Casey (1913) 17 CLR 90 Minister for Immigration and Citizenship v Lu (2010) 189 FCR 525 MZYSU v Minister for Immigration and Citizenship (2012) 132 ALD 341; [2012] FCA 1073 Plaintiff M61/2010E v The Commonwealth (2010) 243 CLR 319 R v Commonwealth Court of Conciliation and Arbitration; Ex parte Ozone Theatres (Aust) Ltd (1949) 78 CLR 389 R v Ross-Jones; Ex parte Green (1984) 156 CLR 185 Re Refugee Tribunal; Ex parte Aala (2000) 204 CLR 82 Stead v State Government Insurance Commission (1986) 161 CLR 141 SZBYR v Minister for Immigration and Citizenship (2007) 235 ALR 609 SZFDE v Minister for Immigration and Citizenship (2007) 232 CLR 189 SZLHP v Minister for Immigration and Citizenship (2008) 172 FCR 170 Zhong v Minister for Immigration and Citizenship (2008) 171 FCR 444 Yu v Minister for Health [2013] FCA 261
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