Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZMCE v Minister for Immigration and Citizenship [2008] FCA 1803
MIGRATION – reliance on a magazine article to establish the genuineness of claims made by the appellant in respect of his alleged involvement in an incident – Tribunal unable to be satisfied as to genuineness of magazine account – alleged failure by Tribunal to inquire into the authenticity of the article and consequential denial of a fair hearing – consideration of what constitutes rare and exceptional circumstances where further inquiry may be appropriate Held: appeal dismissed Migration Act 1958 (Cth) ss 36(2), 65, 65(1)(a)(ii), 424(1) and 427(1)(d) Re RUDDOCK (in his capacity as Minister for Immigration and Multicultural Affairs); Ex parte APPLICANT S154/2002 (2003) 201 ALR 437 SZBEL v Minister for Immigration and Multicultural and Indigenous Affairs (2006) 228 CLR 153 Minister for Immigration and Multicultural and Indigenous Affairs v QAAH of 2004 (2006) 231 CLR 1 Minister for Immigration and Citizenship v Le (2007) 242 ALR 455 Associated Provincial Picture Houses v Wednesbury Corporation [1948] 1 KB 223 SZJBA v Minister for Immigration and Citizenship (2007) 164 FCR 14 Applicant WAEE v Minister for Immigration and Multicultural and Indigenous Affairs (2003) 75 ALD 630 SZMCE v MINISTER FOR IMMIGRATION AND CITIZENSHIP and REFUGEE REVIEW TRIBUNAL
NSD 1512 of 2008
GRAHAM J
24 NOVEMBER 2008
SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 1512 of 2008
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: SZMCE
Appellant
AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE: GRAHAM J
DATE OF ORDER: 24 NOVEMBER 2008
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
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