SZEXQ v Minister for Immigration and Multicultural Affairs [2006] FCA 927

FEDERAL COURT OF AUSTRALIA

SZEXQ v Minister for Immigration and Multicultural Affairs [2006] FCA 927

MIGRATION – protection visa – decision by Tribunal to refuse protection visa – whether Tribunal relied upon information to which s 424A(1) of the Migration Act 1958 (Cth) applied – whether appellant provided information to the Tribunal in accordance with s 424A(3) – whether the Court can draw an inference that information not provided from the reasons of Tribunal – whether appellant obliged to tender transcript to prove information was not provided – whether the Tribunal failed to consider the probable result if its findings were wrong – whether leave to rely upon amended notice of appeal should be granted. Held: (1) The reasons for decision of the Tribunal explicitly referred to the source of the information and could be relied upon as evidence that the information was not provided to the Tribunal by the appellant. The appellant was not required to tender the transcript of the hearing before the Tribunal. (2) The Tribunal's reasons do not suggest its findings were attended by any doubt, and accordingly there was no obligation on the Tribunal to consider the result if its findings were wrong. Migration Act 1958 (Cth) s 424A Minister for Immigration and Multicultural Affairs v Al Shamry (2001) 110 FCR 27 followed Minister for Immigration and Multicultural Affairs v Rajalingam and Ors (1999) 93 FCR 220 considered NABE v Minister for Immigration and Multicultural and Indigenous Affairs (No 2) (2004) 219 ALR 27 referred to NAOA v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCAFC 241 distinguished SAAP and Anor v Minister for Immigration and Multicultural and Indigenous Affairs (2005) 215 ALR 162 followed SZEEU v Minister for Immigration and Multicultural and Indigenous Affairs [2006] FCAFC 2 followed SZEXQ v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS and REFUGEE REVIEW TRIBUNAL