Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZMFZ v Minister for Immigration and Citizenship [2008] FCA 1890
MIGRATION – the Refugee Review Tribunal used financial information to question the applicant at a hearing – the financial information was provided in support of a visa application other than the visa application under review by the Tribunal – whether the information undermined the applicant's Convention based claim – whether the information "would be the reason, or a part of the reason" for affirming the delegate's decision – whether s 424(1) applied to the information Migration Act 1958 (Cth) ss 424A(1), 424A(2A), 424A(3)(b), 424A(3)(ba), 424AA, 425 SZBYR v Minister for Immigration and Citizenship (2007) 235 ALR 609 MZXBQ v Minister for Immigration and Citizenship (2008) 166 FCR 483 SZMFZ v MINISTER FOR IMMIGRATION AND CITIZENSHIP and REFUGEE REVIEW TRIBUNAL
NSD 1328 of 2008
SIOPIS J
12 december 2008
SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 1328 of 2008
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: SZMFZ
Appellant
AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE: SIOPIS J
DATE OF ORDER: 12 december 2008
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. The appeal is allowed. 2. Orders 1 and 2 of the Federal Magistrate made on 31 July 2008 are set aside. 3. The decision of the second respondent signed on 9 April 2008 is set aside and the matter is remitted to the second respondent to be dealt with according to law. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. The text of entered orders can be located using eSearch on the Court's website. IN THE FEDERAL COURT OF AUSTRALIA
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