SZCQA v Minister for Immigration and Citizenship [2007] FCA 827

FEDERAL COURT OF AUSTRALIA

SZCQA v Minister for Immigration and Citizenship [2007] FCA 827 MIGRATION – exception to s 424A(1) of the Migration Act 1958 (Cth) contained in s 424A(3)(b) of the Migration Act 1958 (Cth) – republication of material in protection visa application to Refugee Review Tribunal – whether answers to questions asked by Tribunal member sufficient to constitute republication – whether written communication from an appellant is necessary for republication – whether appellant aware of the significance of the information relied upon by the Tribunal when applicant did not have a copy of his statutory declaration to the Department at the Tribunal hearing. Held: Appeal upheld Migration Act 1958 (Cth), s 424A(3)(b)

Gomez v Minister for Immigration and Multicultural Affairs (2002) 190 ALR 543, followed M55 v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 131, considered NAZY v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 744, considered NBKT v Minister for Immigration and Multicultural Affairs [2006] 156 FCR 419, considered SAAP v Minister for Immigration and Multicultural and Indigenous Affairs (2005) 215 ALR 162, considered Sathiyanathan v Minister for Immigration and Multicultural Affairs [2000] FCA 210, followed SZDMJ v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 1034, considered SZEEU v Minister for Immigration and Multicultural and Indigenous Affairs (2006) 150 FCR 214, cited SZEPI v Minister for Immigration and Multicultural Affairs [2006] FCA 1645, cited SZFXG v Minister for Immigration and Citizenship [2007] FCA 116, considered SZHIB v Minister for Immigration and Multicultural Affairs [2006] FCA 611, cited VWBF v Minister for Immigration and Multicultural and Indigenous Affairs [2006] 154 FCR 302, cited