SZBII and Anor v Minister for Immigration and Multicultural Affairs and Anor [2006] FCA 1477

FEDERAL COURT OF AUSTRALIA

SZBII and Anor v Minister for Immigration and Multicultural Affairs and Anor [2006] FCA 1477 MIGRATION – protection visa – alleged fraud of migration agent – whether conduct of migration agent vitiates decision of Tribunal – no jurisdictional error. Held: Appeal dismissed. Migration Act 1958 (Cth), ss 425, 425, 441A, 441G Evidence Act 1995 (Cth), ss 55, 97(1) Applicant M172 v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FMCA 23, referred to Applicant NAHF of 2002 v Minister for Immigration and Multicultural and Indigenous Affairs (2003) FCR 359 distinguished. Cameron v Cole (1944) 68 CLR 571, referred to Minister for Immigration and Multicultural and Indigenous Affairs v SCAR (2003) 128 FCR 553, distinguished Minister for Immigration and Multicultural Affairs v SZFDE [2006] FCAFC 142, followed Minister for Immigration & Multicultural & Indigenous Affairs v SZFML and Anor [2006] FCAFC 152, distinguished NASB v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 24, referred to NASF v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 162 followed. NBAJ v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FMCA 1668, considered Regina v Home Secretary; Ex parte Al-Mehdawi (1990) 1 AC 876, considered SZBBL v Minister for Immigration [2004] FMCA 185, followed SZBBL v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCA 834, followed SZBSZ v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCA 779, followed Taylor v Taylor (1979) 143 CLR 1, referred to Tobasi v Minister for Immigration and Multicultural Affairs (2002) 122 FCR 322, distinguished. VBAB v Minister for Immigration and Multicultural and Indigenous Affairs (2002) 121 FCR 100, distinguished SZBII AND SZBIJ v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS AND REFUGEE REVIEW TRIBUNAL NSD 1408 OF 2006