SZESF v Minister for Immigration and Multicultural Affairs [2007] FCA 6

FEDERAL COURT OF AUSTRALIA

SZESF v Minister for Immigration and Multicultural Affairs [2007] FCA 6

MIGRATION – appeal – whether Refugee Review Tribunal breached section 424A of the Migration Act 1958 (Cth) – meaning of 'information' in s 424A – whether information contained in photographs was the reason or part of the reason for the Tribunal's decision – whether information contained in photographs fell within the exceptions in s 424A(3) – where applicant produced photographs to both the Minister and the Tribunal and claimed that they depicted different events – where Tribunal relied on the fact that the photographs depicted the same event to make an adverse credibility finding Migration Act 1958 (Cth) s 424A Minister for Immigration and Multicultural and Indigenous Affairs v NAMW (2004) 140 FCR 572 applied SAAP v Minister for Immigration and Multicultural and Indigenous Affairs (2005) 215 ALR 162 applied SZESF v Minister for Immigration & Multicultural & Indigenous Affairs [2006] FMCA 2 reversed SZEEU v Minister for Immigration and Multicultural and Indigenous Affairs (2006) 150 FCR 214 applied VAF v Minister for Immigration and Multicultural and Indigenous Affairs (2004) 206 ALR 471 referred to VHAP of 2002 v Minister for Immigration & Multicultural & Indigenous Affairs (2004) 80 ALD 559 followed Win v Minister for Immigration and Multicultural Affairs (2001) 105 FCR 212 followed SZESF v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS AND REFUGEE REVIEW TRIBUNAL NSD365 OF 2006

STONE J

12 JANUARY 2007

SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD365 OF 2006

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: SZESF

Appellant

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

First Respondent

REFUGEE REVIEW TRIBUNAL