SZJEZ v Minister for Immigration and Citizenship [2008] FCA 1741

FEDERAL COURT OF AUSTRALIA

SZJEZ v Minister for Immigration and Citizenship [2008] FCA 1741 MIGRATION – consideration of an appeal from the Federal Magistrates Court of Australia on the ground that there was no evidence before the Refugee Review Tribunal which entitled the Tribunal to reach the findings of fact it reached – consideration of whether inferences might properly be drawn from facts found – consideration of the appellant's contention that the decision of the Tribunal was irrational, unsound, unreasonable and not supported by any evidence probative of findings rejecting the credit‑worthiness of the appellant Migration Act 1958 (Cth), ss 65, 420, 424(1) Minister for Immigration and Multicultural Affairs v Eshetu (1999) 197 CLR 611 – cited Minister for Immigration and Ethnic Affairs v Pochi (1980) 31 ALR 666 – cited Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321 – cited and quoted Minister for Immigration and Multicultural Affairs; Ex parte Applicant S20/2002 (2003) 198 ALR 59 – cited and quoted Minister for Immigration and Multicultural Affairs v Yusuf (2001) 206 CLR 323 – cited Avon Downs Pty Ltd v FCT (1949) 78 CLR 353 – cited R v Australian Stevedoring Industry Board; Ex parte Melbourne Stevedoring Co. Pty Ltd (1953) 88 CLR 100 – cited Attorney‑General (NSW) v Quin (1990) 170 CLR 1 – cited Minister for Immigration and Multicultural and Indigenous Affairs v SGLB (2004) 207 ALR 12 – cited and quoted Minister for Immigration and Multicultural Affairs v Epeabaka (1999) 84 FCR 411 – cited and quoted Minister for Immigration and Multicultural Affairs v Al‑Miahi (2001) 65 ALD 141 – cited and quoted NAHI v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCAFC 10 – cited and quoted Other Material Rationality and Judicial Review of Administrative Action: Dr. G. Airo‑Farulla, Vol. 24, Melbourne University Law Review, p 453 Reasonableness, Rationality and Proportionality: Dr. G. Airo‑Farulla, Australian Administrative Law, edited by Groves and Lee, Cambridge University Press, 2007, Ch. 14 Administrative law in Australia: Themes and values, Australian Administrative Law, Ch. 2, French J SZJEZ v MINISTER FOR IMMIGRATION AND CITIZENSHIP and REFUGEE REVIEW TRIBUNAL