SZAJC v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCA 1686

FEDERAL COURT OF AUSTRALIA

SZAJC v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCA 1686 MIGRATION - Appeal from decision of Federal Magistrate refusing application for judicial review of a decision of the Refugee Review Tribunal ("the Tribunal") - Judicial review - Protection visa - Corroborative documentary evidence supplied - Rejection of documentary evidence on the basis of findings of adverse credibility - unsupported speculation that documentary evidence produced as the result of arrangements made by the appellant with other persons from Colombia - Speculation never put to appellant - Rejection of documentary evidence as fabricated - Failure to give opportunity to respond to conclusions on corroborative evidence - Breach of procedural fairness - Jurisdictional error - Appeal allowed. WAGU v Minister for Immigration and Multicultural and Indigenous Affairs 2003 FCA 912 applied NARU v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCA 864 applied WAHP v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 87 distinguished WACO v Minister for Immigration and Multicultural Affairs (2003) 131 FCR 511 applied SZANI v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCA 1298 referred to Applicant NAFF of 2002 v Minister for Immigration and Multicultural and Indigenous Affairs [2004] HCA 62 discussed Re Refugee Review Tribunal; Ex parte AALA (2000) 204 CLR 82 applied SZAJC v Minister for Immigration and Multicultural and Indigenous Affairs (2004) FMCA 51 referred to SZAJC v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS N 279 OF 2004 TAMBERLIN J SYDNEY 21 DECEMBER 2004

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N279 OF 2004

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT