SZGXV v Minister for Immigration and Citizenship [2007] FCA 800

FEDERAL COURT OF AUSTRALIA

SZGXV v Minister for Immigration and Citizenship [2007] FCA 800

MIGRATION – Tribunal did not give appellant particulars of any information in accordance with s 424A of the Migration Act - Tribunal's written reasons for decision summarise information provided by appellant in his protection visa application – inconsistencies between that information and information given at two Tribunal hearings – Tribunal formed adverse view of appellant's credibility due to inconsistencies – Tribunal did not consider one of appellant's claims as not satisfied of truth of that claim – whether information in protection visa application was part of the reason for forming an adverse view and not considering one of the claims, and therefore part of the reason for affirming the decision under review – Held: s 424A obliged the Tribunal to give the appellant particulars of the relevant information in his protection visa application Migration Act 1958 (Cth) s 424A Applicant A v Minister for Immigration and Ethnic Affairs (1997) 190 CLR 225 cited Applicant S v Minister for Immigration and Multicultural Affairs (2003) 217 CLR 387 cited Carey‑Hazell v Getz Bros & Co (Aust) Pty Ltd [2006] FCAFC 48 cited Curragh Queensland Mining Ltd v Daniel (1992) 34 FCR 212 referred to SAAP v Minister for Immigration and Multicultural and Indigenous Affairs (2005) 215 ALR 162 cited SZEEU v Minister for Immigration & Multicultural & Indigenous Affairs (2006) 230 ALR 1 applied VAF v Minister for Immigration and Multicultural Affairs (2004) 206 ALR 471 cited SZGXV v MINISTER FOR IMMIGRATION AND CITIZENSHIP AND REFUGEE REVIEW TRIBUNAL NSD 161 OF 2007

BRANSON J

29 May 2007

SYDNEY IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 161 OF 2007

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA