SZEXF v Minister for Immigration and Multicultural and Indigenous Affairs [2006] FCA 1244

FEDERAL COURT OF AUSTRALIA

SZEXF v Minister for Immigration and Multicultural and Indigenous Affairs [2006] FCA 1244

MIGRATION – protection visa – appeal from Federal Magistrates Court dismissed – where application for review of Refugee Review Tribunal's decision to uphold the decision of delegate of Minister – requirement for particulars of information taken from the application visa – whether reason or part of reason for affirming decision under review – discretion attending exercise of grant or refusal of prerogative relief – whether unwarrantable delay

Migration Act 1958 (Cth) ss 424A(1) and (3)(a), 422B and 426A

SAAP v Minister for Immigration and Multicultural and Indigenous Affairs (2005) 215 ALR 162discussed Re Refugee Review Tribunal; Ex parte Aala (2000) 204 CLR 82 cited VFAB v Minister for Immigration and Multicultural and Indigenous Affairs (2003) 131 FCR 102referred to Minister for Immigration and Multicultural Affairs v Jia Legeng (2001) 205 CLR 507referred to NAVX v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 287cited VNAA v Minister for Immigration and Indigenous Affairs (2004) 136 FCR 407referred to VHAP of 2002 v Minister for Immigration and Multicultural and Indigenous Affairs (2004) 80 ALD 559referred to Re Minister for Immigration and Multicultural Affairs; Ex parte Applicant S154/2002 (2003) 201 ALR 437referred to Commissioner for Australian Capital Territory Revenue v Alphaone Pty Ltd (1994) 49 FCR 576referred to Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 referred to Randhawa v Minister for Immigration, Local Government and Ethnic Affairs (1994) 52 FCR 437 referred to VAF v Minister for Immigration and Multicultural and Indigenous Affairs (2004) 206 ALR 471 cited and applied Minister for Immigration and Multicultural Affairs v Al Shamry (2001) 110 FCR 27 SZEEU v Minister for Immigration and Multicultural and Indigenous Affairs (2006) 150 FCR 214 referred to VEAJ of 2002 v Minister for Immigration and Multicultural and Indigenous Affairs (2003) 132 FCR 291 SZHJR v Minister for Immigration and Multicultural and Indigenous Affairs [2006] FCA 203 referred to R v Commonwealth Court of Conciliation and Arbitration: Ex parte Ozone Theatres (Aust) Ltd (1949) 78 CLR 389referred to Re Minister for Immigration and Multicultural and Indigenous Affairs; Ex parte Miah (2001) 206 CLR 57referred to Peko-Wallsend Ltd v Minister for Aboriginal Affairs (1985) 5 FCR 532cited SZGZW v Minister of Immigration and Multicultural Affairs [2006] FCA 457 discussed Tin v Minister for Immigration and Multicultural Affairs [2000] FCA 1109 applied Paul v Minister for Immigration and Multicultural Affairs (2001) 113 FCR 396 applied R v Australian Broadcasting Tribunal; Ex parte Fowler and Ors (1980) 31 ALR 565 cited SZEXF & OTHERS v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS AND REFUGEE REVIEW TRIBUNAL NSD 25 OF 2006 CONTI J 18 SEPTEMBER 2006 SYDNEY IN THE FEDERAL COURT OF AUSTRALIA