SZGQZ v Minister for Immigration and Citizenship [2007] FCA 1091

FEDERAL COURT OF AUSTRALIA

SZGQZ v Minister for Immigration and Citizenship [2007] FCA 1091

MIGRATION – no obligation of Tribunal to put its thought processes and subjective appraisals to an appellant as long as they are natural and obvious appraisals – obligation of Tribunal to provide an appellant with a meaningful opportunity to appear and give evidence at a hearing – Tribunal may reject corroborative evidence based on reasons given for disbelieving a principal witness. Held: Appeal dismissed Migration Act 1958 (Cth), ss 424A(1), 425, 425A Commissioner for Australian Capital Territory Revenue v Alphaone Pty Ltd (1994) 49 FCR 576 followed Kioa v West (1985) 159 CLR 550 referred to Minister for Immigration and Multicultural Affairs v Jia Legeng (2001) 205 CLR 507 applied Pilbara Aboriginal Land Council Aboriginal Corporation Inc v Minister for Aboriginal & Torres Strait Islander Affairs (2000) 103 FCR 539 referred to Re Minister for Immigration and Multicultural Affairs; Ex parte Epeabaka (2001) 206 CLR 128 cited Re Minister for Immigration and Multicultural Affairs; Ex parte S20/2002 (2003) 198 ALR 59 applied Re Refugee Tribunal; Ex parte H (2001) 179 ALR 425 cited Re Ruddock (in his capacity as Minister for Immigration and Multicultural and Affairs); Ex parte Applicant S154/2002 (2003) 201 ALR 437 followed Somaghi v Minister for Immigration, Local Government and Ethnic Affairs (1991) 31 FCR 100 referred to SZBBL v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCA 834 referred to SZBEL v Minister for Immigration and Multicultural and Indigenous Affairs (2006) 231 ALR 592 followed SZCOQ v Minister for Immigration and Multicultural and Indigenous Affairs [2007] FCAFC 9 referred to SZGQZ v MINISTER FOR IMMIGRATION AND CITIZENSHIP AND REFUGEE REVIEW TRIBUNAL NSD 581 OF 2007