SZAHQ v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 953

FEDERAL COURT OF AUSTRALIA

SZAHQ v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 953 MIGRATION – procedural fairness – two and a half year delay between hearing before Refugee Review Tribunal (RRT) and decision – whether delay sufficiently significant to produce jurisdictional error – delay not causative of any miscarriage of justice or deprivation of rights – no procedural unfairness demonstrated MIGRATION – unreasonableness – circumstances in which an adverse credibility finding can be made on the basis of inconsistent country information – finding was one reasonably open to the RRT – no error demonstrated

Federal Court of Australia Act 1976 (Cth) s 25(1A) Migration Act 1958 (Cth) s 91R Judiciary Act 1903 (Cth) s 39B

Applicant A99 of 2003 v Minister for Immigration & Multicultural & Indigenous Affairs[2004] FCA 773 cited Boodhoo v Attorney-General of Trinidad and Tobago [2004] 1 WLR 1689 referred to Chan v Minister for Immigration & Ethnic Affairs (1989) 169 CLR 379 applied Eloujenko v Minister for Immigration & Multicultural Affairs [2001] FCA 980 referred to Labara v Minister for Immigration & Multicultural Affairs (2002) FCAFC 145 cited Minister for Immigration & Multicultural Affairs v Respondents S152/2003 (2004) 205 ALR 487 applied Minister for Immigration & Multicultural Affairs v Yusuf (2001) 206 CLR 323 referred to NAIS v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCAFC 1 cited Re Minister for Immigration & Multicultural Affairs; Ex parte Durairajasingham (1999) 168 ALR 407 applied Sepet v Secretary of State for the Home Department [2003] 1 WLR 856 cited SZAHQ v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FMCA 548 affirmed

SZAHQ & ORS v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS N 2268 OF 2003 HELY J 26 JULY 2004 SYDNEY