SZGTR v Minister for Immigration and Citizenship [2007] FCA 802

FEDERAL COURT OF AUSTRALIA

SZGTR v Minister for Immigration and Citizenship [2007] FCA 802 IMMIGRATION – appeal – decision of Refugee Review Tribunal to not grant protection visa affirmed by Federal Magistrate – whether s 424A of the Migration Act 1958 (Cth) enlivened – where appellant explained inconsistency between visa application and submissions to Tribunal – where Tribunal referred to explanation in reasons – where Tribunal did not treat visa application as information under s 424A IMMIGRATION – whether Tribunal properly addressed social group claim – whether claim to be member of a social group of socially or politically active Buddhists arose on the materials before Tribunal PROCEDURE – application for leave to appeal on grounds not raised before Federal Magistrate – where applicant represented before Federal Magistrate Migration Act 1958 (Cth) Minister for Immigration and Multicultural Affairs v Lat (2006) 151 FCR 214 followed SZCIJ v Minister for Immigration and Multicultural Affairs [2006] FCAFC 62 followed Gomez v Minister for Immigration and Multicultural Affairs (2002) 190 ALR 543 citedSZDJQ v Minister for Immigration and Multicultural and Indigenous Affairs [2006] FCA 533 cited VUAX v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 158 followed SZAIX v Minister for Immigration and Multicultural and Indigenous Affairs [2006] FCA 3 cited NAJT v Minister for Immigration and Multicultural and Indigenous Affairs (2005) 147 FCR 51 cited NBKT v Minister for Immigration and Multicultural Affairs (2006) ALD 333 considered Applicant S301/2003 v Minister for Immigration and Multicultural Affairs [2006] FCAFC 155 cited SZGGD v Minister for Immigration and Multicultural Affairs [2006] FCA 1138 discussed Dranichnikov v Minister for Immigration and Multicultural Affairs (2003) 197 ALR 389 followed Htun v Minister for Immigration and Multicultural Affairs (2001) 194 ALR 244 followed NABE v Minister for Immigration and Multicultural and Indigenous Affairs (No 2) (2004) 144 FCR 1 followed STCB v Minister for Immigration and Multicultural and Indigenous Affairs (2006) 231 ALR 556 cited SZGTR v MINISTER FOR IMMIGRATION AND CITIZENSHIP AND REFUGEE REVIEW TRIBUNAL NSD 390 OF 2007