SZJHE v Minister for Immigration & Citizenship [2008] FCA 1771

FEDERAL COURT OF AUSTRALIA

SZJHE v Minister for Immigration & Citizenship [2008] FCA 1771

MIGRATION – review sought of Tribunal's decision – no error alleged against decision of Federal Magistrate – appeal dismissed – impermissible merits review – bad faith – application dismissed

Haritopoulos Pty Ltd v Deputy Commissioner of Taxation [2007] FCA 394, 66 ATR 225 followed NAAG of 2002 v Minister for Immigration and Multicultural and Indigenous Affairs [2002] FCA 713, 195 ALR 207 followed NAKF v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCA 730, 130 FCR 210 followed Minister for Aboriginal Affairs v Peko-Wallsend Ltd (1986) 162 CLR 24 applied Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 applied Re Minister for Immigration and Multicultural Affairs; Ex parte Durairajasingham [2000] HCA 1, 168 ALR 407 applied SAAG v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 547 distinguished Sathiyanathan v Minister for Immigration & Multicultural Affairs [2000] FCA 210 applied SBAN v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 591 distinguished SBAP v Refugee Review Tribunal [2002] FCA 590 followed SBBS v Minister for Immigration and Multicultural and Indigenous Affairs [2002] FCAFC 361, 194 ALR 749 followed SCAS v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCAFC 397 followed SZHAH v Minister for Immigration & Multicultural Affairs [2006] FCA 1012 followed SZJHE v Minister for Immigration [2008] FMCA 1299 cited SZJVA v Minister for Immigration & Citizenship [2008] FCA 1631 followed SZLZM v Minister for Immigration & Citizenship [2008] FCA 1263 followed SZJHE v MINISTER FOR IMMIGRATION AND CITIZENSHIP AND ANOR

NSD 1565 of 2008

FLICK J

26 NOVEMBER 2008