SZFAR v Minister for Immigration and Citizenship [2007] FCA 1095

FEDERAL COURT OF AUSTRALIA

SZFAR v Minister for Immigration and Citizenship [2007] FCA 1095 MIGRATION – denial of natural justice – inference and speculation – onus of proof falling to the appellant in s 91R(3) of the Migration Act 1958 (Cth) Held: Appeal dismissed. Migration Act 1958 (Cth), s 424A, s 91R(3) Abebe v The Commonwealth of Australia (1999) 197 CLR 510 referred to Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321 referred to Minister for Immigration and Multicultural Affairs v Al-Miahi (2001) 65 ALD 141 referred to Minister for Immigration and Multicultural Affairs v Rajamanikkam (2002) 210 CLR 222 referred to NAST v Minister for Immigration and Multicultural and Indigenous Affairs [2002] FCA 1536 followed Re Minister for Immigration and Multicultural Affairs; Ex parte Applicant S154/2002 (2003) 201 ALR 437 referred to Re Minister for Immigration and Multicultural Affairs; Ex parte Epeabaka (2001) 206 CLR 128 referred to SAAS v Minister for Immigration and Multicultural Affairs (2002) 124 FCR 182 referred to SAAS of 2001 v Minister for Immigration and Multicultural Affairs [2002] FCAFC 340 referred to SBCC v Minister for Immigration and Multicultural Affairs [2006] FCAFC 129 followed SZAYW v Minister for Immigration and Multicultural and Indigenous Affairs (2006) 229 ALR 423 followed SZBEL v Minister for Immigration and Multicultural and Indigenous Affairs (2006) 228 CLR 152 referred to Tin v Minister for Immigration and Multicultural Affairs [2000] FCA 1109 followed VAAW of 2001 v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCAFC 202 referred to SZFAR v MINISTER FOR IMMIGRATION AND CITIZENSHIP AND REFUGEE REVIEW TRIBUNAL NSD 63 OF 2007

COWDROY J

18 OCTOBER 2007

SYDNEY IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 63 OF 2007