Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZJZN v Minister for Immigration and Citizenship [2008] FCA 519
CITIZENSHIP AND MIGRATION – migration – review of decisions – Refugee Review Tribunal – conduct of review – sur place conduct disregarded per s 91(3) – when conduct to be disregarded if also engaged in for purposes other than strengthening protection claim CITIZENSHIP AND MIGRATION – migration – review of decisions – Refugee Review Tribunal – conduct of review – conduct disregarded per s 91(3) – whether to be disregarded for all purposes of decision-making Held: (1) appeal dismissed; (2) only where an applicant has engaged in sur place conduct for the dominant purpose of strengthening a refugee claim may decision-maker not have regard to it; (3) where such conduct is disregarded for one purpose of the assessment of the claim it must be disregarded for all such purposes
Migration Act 1958 (Cth) ss 91R(3), 425 Minister's Second Reading speech on the Migration Legislation Amendment Bill (No. 6) 2001 (Cth)
District Council of Coober Pedy v Collector of Customs (1993) 42 FCR 127 cited Minister for Immigration and Multicultural Affairs v Mohammed (2000) 98 FCR 405 cited NBKT v Minister for Immigration and Multicultural Affairs (2006) 156 FCR 419 cited SZBEL v Minister for Immigration and Multicultural and Indigenous Affairs (2006) 228 CLR 152 SZHAY v Minister for Immigration [2006] FMCA 261 approved SZJSD v Minister for Immigration [2007] FMCA 604 approved Wang v Minister for Immigration and Multicultural Affairs (2000) 105 FCR 548 cited SZJZN v MINISTER FOR IMMIGRATION AND CITIZENSHIP AND REFUGEE REVIEW TRIBUNAL NSD 1379 OF 2007
MADGWICK J
18 APRIL 2008
SYDNEY IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 1379 OF 2007
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
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