Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZIIF v Minister for Immigration and Citizenship [2008] FCA 913
IMMIGRATION – protection visa application – three Refugee Review Tribunal hearings over almost four-year period – purported inconsistencies between statements by appellant to delegate of Minister and to RRT hearings – failure by RRT to take into account effect of delay – failure by RRT to take into account effect of appellant having to repeat claims on numerous occasions – RRT error in finding multiple inconsistencies in appellant's evidence when none apparent on proper analysis – jurisdictional error Migration Act 1958 (Cth), ss 91R(1)(b), 91R(1)(c), 91R(2), 420 Minister for Immigration and Multicultural Affairs v Rajalingam (1999) 93 FCR 220 cited Craig v The State of South Australia (1995) 184 CLR 163 cited Minister for Immigration and Multicultural Affairs v Yusuf (2001) 206 CLR 323 cited Attorney-General for the State of New South Wales v Quin (1990) 170 CLR 1 cited NAIS v Minister for Immigration and Multicultural and Indigenous Affairs (2005) 228 CLR 470 applied Abebe v The Commonwealth of Australia (1999) 197 CLR 510 cited Minister for Aboriginal Affairs v Peko-Wallsend Ltd (1986) 162 CLR 24 cited Hadid v Redpath (2001) 35 MVR 152 cited SZIIF v MINISTER FOR IMMIGRATION AND CITIZENSHIP and REFUGEE REVIEW TRIBUNAL
NSD353 OF 2008
WEINBERG J
19 JUNE 2008
SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD353 OF 2008
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: SZIIF
Appellant
AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE: WEINBERG J
DATE OF ORDER: 19 JUNE 2008
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. The appeal be allowed. 2. Orders 2 and 3 made by the Federal Magistrates Court on 21 February 2008 be set aside. 3. In lieu thereof it be ordered that the decision of the Refugee Review Tribunal delivered on 7 November 2006 be quashed. 4. The matter be remitted to the Refugee Review Tribunal to be heard and determined according to law. 5. The first respondent pay the appellant's costs of the proceeding before the Federal Magistrates Court and before this Court, such costs to be taxed in default of agreement. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. IN THE FEDERAL COURT OF AUSTRALIA
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