SZAQI v Minister for Immigration & Multicultural Affairs [2006] FCA 1653

FEDERAL COURT OF AUSTRALIA

SZAQI v Minister for Immigration & Multicultural Affairs [2006] FCA 1653

MIGRATION – application for an extension of time to appeal – Refugee Review Tribunal found that applicant lacked credibility and fabricated claims – Tribunal relied on information provided in application for protection visa, evidence given by migration agent and evidence given by witness called by applicant – evidence given by witness called by the applicant was information provided by the applicant and within s 424A(3)(b) – information in protection visa application and evidence given by migration agent was not within s 424A(3)(b) – arguable that information should have been provided in writing pursuant to s 424A(1) – strong prospect of success on appeal – delay extensive – applicant not cross-examined on explanation for delay – extension granted Migration Act 1958 (Cth) s 424A Gallo v Dawson (1990) 93 ALR 479 cited Howard v Australian Electoral Commission [2000] FCA 1767 cited Jess v Scott (1986) 12 FCR 187 cited M164/2002 v Minister for Immigration and Multicultural and Indigenous Affairs [2006] FCAFC 16 considered Re Commonwealth of Australia; ex parte Marks (2000) 177 ALR 491 cited SAAP v Minister for Immigration and Multicultural and Indigenous Affairs (2005) 215 ALR 162 cited SZECG v Minister for Immigration and Multicultural and Indigenous Affairs [2006] FCA 733 cited SZEEU v Minister for Immigration and Multicultural and Indigenous Affairs (2006) 150 FCR 214 applied VQAN v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCA 1541 cited SZAQI v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS AND REFUGEE REVIEW TRIBUNAL NSD 1626 OF 2006

BENNETT J

19 December 2006

SYDNEY IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 1626 OF 2006