SZLWI v Minister for Immigration and Citizenship [2008] FCA 1330

FEDERAL COURT OF AUSTRALIA

SZLWI v Minister for Immigration and Citizenship [2008] FCA 1330 MIGRATION - whether denial of procedural fairness - whether compliance by Refugee Review Tribunal with s 424AA Migration Act 1958 (Cth) - whether the Tribunal failed to give particulars of information which might be the reason or part of the reason for the Tribunal to affirm the decision under review - no breach of s 424AA. MIGRATION - whether jurisdictional error - whether the Tribunal failed to ignore conduct of appellant in Australia in contravention of s 91R(3) - proper construction of s 19R(3) - contravention established - refused in exercise of discretion. INTERPRETATION – s 91R(3) Migration Act not limited to sur place claims - characterisation of appellant's conduct in Australia - s 91R(3) applies to conduct intended to be used as corroborative evidence of appellant's claimed fear of persecution in own country. Migration Act 1958 (Cth) ss 91R(3), 424A, 424A(2A), 424A(3)(b), 424AA

NABE v Minister for Immigration and Multicultural and Indigenous Affairs (2004) 144 FCR cited NAOA v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 241 cited NBKT v Minister for Immigration and Multicultural and Indigenous Affairs (2006) 156 FCR 419 cited Re Refugee Review Tribunal; ex parte AALA (2000) 204 CLR 82 cited R v Commonwealth Court of Conciliation and Arbitration; ex parte Ozone Theatres (Aust) Ltd (1949) 78 CLR 389 cited SAAP v Minister for Immigration and Multicultural and Indigenous Affairs (2005) 215 ALR 162 cited SDAQ v Minister for Immigration and Multicultural Affairs (2003) 199 ALR 265 cited Stead v State Government Insurance Commission (1986) 161 CLR 141 cited SZBYR v Minister for Immigration and Citizenship (2007) 235 ALR 609cited SZGDJ v Minister for Immigration and Citizenship [2008] FCA 722 considered SZGIY v Minister for Immigration and Citizenship [2008] FCAFC 68 cited SZHAY v Minister for Immigration and Multicultural and Indigenous Affairs (2006) 199 FLR 148 referred to SZHFE v Minister for Immigration and Multicultural and Indigenous Affairs (No 2) [2006] FCA 648 considered SZHFE v Minister for Immigration and Citizenship [2007] HCA Trans 10 cited SZJGV v Minister for Immigration and Citizenship (2008) 102 ALD 226 considered SZMCD v Minister for Immigration and Citizenship [2008] FMCA 1039cited S395/2002 v Minister for Immigration and Multicultural Affairs (2003) 203 ALR 112cited SZLWI v MINISTER FOR IMMIGRATION AND CITIZENSHIP and REFUGEE REVIEW TRIBUNAL