SZBDF v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 1493

FEDERAL COURT OF AUSTRALIA

SZBDF v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 1493

MIGRATION – proper construction of s 424A of the Migration Act 1958 (Cth) – where Tribunal relied on country information to reject aspects of appellant's story – whether reliance transformed country information into information specifically about the appellant – whether appellant entitled to be told how and why Tribunal considered the country information undermined the appellant's credibility. MIGRATION – ambit of s 422B of the Migration Act 1958 (Cth) – proper construction of 'in relation to the matters it deals with'. MIGRATION – requirement on Tribunal to apply the law to facts rationally found – whether irrational for Tribunal to make adverse credibility findings – where appellant failed to mention serious attacks in statement supporting his application for a protection visa. MIGRATION – requirement on Tribunal to consider whether it was satisfied that the appellant faced a real chance of persecution for Convention reasons – whether Tribunal only gave consideration to whether the appellant was a credible witness. Migration Act 1958 (Cth) s 422B and s 424A Moradian v Minister for Immigration and Multicultural and Indigenous Affairs (2004) 142 FCR 170 not followed NAQF v Minister for Immigration and Multicultural and Indigenous Affairs (2003) 130 FCR 456 followed Paul v Minister for Immigration and Multicultural and Indigenous Affairs (2001) 113 FCR 396 applied Re Minister for Immigration and Multicultural and Indigenous Affairs; Ex parte S20/2002 (2003) 198 ALR 59 cited VJAF v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCAFC 178 followed WAJR v Minister for Immigration and Multicultural and Indigenous Affairs (2004) 204 ALR 624 not followed Wu v Minister for Immigration and Multicultural and Indigenous Affairs (2003) 133 FCR 221 followed SZBDF v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS AND REFUGEE REVIEW TRIBUNAL NSD 1299 of 2005 BRANSON J 25 OCTOBER 2005 SYDNEY