SZLSW v Minister for Immigration and Citizenship [2008] FCA 1321

FEDERAL COURT OF AUSTRALIA

SZLSW v Minister for Immigration and Citizenship [2008] FCA 1321

MIGRATION – Migration Act 1958 (Cth) s 424 (1) – whether tribunal had regard to additional information requested by it and provided by appellant in making decision on review – whether tribunal had duty to translate newspaper articles given to it by appellant in support of his claim – articles given to tribunal to prove existence of fact – interpreter confirmed that articles substantiated fact that was purpose for which appellant provided articles – appellant did not suggest any other purpose that translation of articles could have achieved – whether tribunal failed to give weight to matters supportive of appellant's claim – whether tribunal imposed onus on appellant to satisfy it that he had not fabricated his account Held: Appeal dismissed –tribunal had regard to information provided by appellant – tribunal not obliged to translate articles because tribunal ascertained gist of material's significance as identified by appellant – viewed as a whole, tribunal's reasons for decision did not reverse onus of proof or impose onus on appellant to prove his credibility

Migration Act 1958 (Cth), s 424 (1) Cabal v Minister for Immigration and Multicultural Affairs [2001] FCA 546 applied Kopalapillai v Minister for Immigration and Multicultural Affairs (1998) 86 FCR 547considered S14/2002 v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCA 1153 referred to SZBYR v Minister for Immigration and Citizenship (2007) 235 ALR 609; [2007] HCA 26 applied SZLSW v Minister of Immigration [2008] FMCA 498 affirmed Minister for Immigration & Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 followed Minister for Immigration & Multicultural Affairs, Re; Ex parte Durairajasingham (2000) 168 ALR 407; 74 ALJR 405; [2000] HCA 1 cited X v Minister for Immigration and Multicultural Affairs (2002) 116 FCR 319 considered