SZEIE v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 987

FEDERAL COURT OF AUSTRALIA

SZEIE v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 987 MIGRATION – judicial review – power of the Federal Court exercising appellate jurisdiction to receive further evidence – Federal Court of Australia Act 1976 (Cth) s 27 – obligation of the Refugee Review Tribunal to provide appellant with information which forms part of the reason for the decision – exception for information given by the appellant for the purposes of the application to the Refugee Review Tribunal – Migration Act 1958 (Cth) s 424A(3)(b) Migration Act 1958 (Cth) ss 424A, 424A(3)(b), 425 Federal Court of Australia Act 1976 (Cth) s 27 CDJ v VAJ (1998) 197 CLR 172 applied Wollongong Corporation v Cowan (1955) 93 CLR 435 cited SAAP v Minister for Immigration and Multicultural and Indigenous Affairs (2005) 215 ALR 162 cited SZDQL v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 769 cited Minister for Immigration and Multicultural and Indigenous Affairs v NAMW [2004] FCAFC 264 cited Minister for Immigration and Multicultural and Indigenous Affairs v Al Shamry (2001) 110 FCR 27 applied Minister for Immigration and Multicultural and Indigenous Affairs v Awan [2003] 131 FCR discussed SAAY v Minister for Immigration and Multicultural and Indigenous Affairs [2002] FCAFC 393 cited SZEIE V MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFIARS NSD 677 of 2005

SACKVILLE J 20 JULY 2005 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 677 OF 2005

BETWEEN: SZEIE & ORS

APPELLANT

AND: MINISTER FOR IMMIGRATION AND

MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: SACKVILLE J

DATE OF ORDER: 20 JULY 2005

WHERE MADE: SYDNEY