Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZMPT v Minister for Immigration and Citizenship [2009] FCA 99
MIGRATION – courtmay have regard to reasons of tribunal in assessing whether section 424A(1) of Migration Act 1958 (Cth) engaged – question of fact – delegate considered evidence of similar protection visa claims made by other individuals from same region as appellant – section 424A not engaged as tribunal did not rely on same information as delegate Migration Act 1958 (Cth) Applicant VEAL of 2002 v Minister for Immigration and Multicultural and Indigenous Affairs & Anor (2005) 225 CLR followed MZXBQ v Minister for Immigration and Citizenship & Anor (2008) 166 FCR 483 distinguished Paul v Minister for Immigration and Multicultural Affairs (2001) 113 FCR 396 referred to SZBEL v Minister for Immigration and Multicultural and Indigenous Affairs & Anor (2006) 228 CLR 152 referred to SZBYR & Anor v Minister for Immigration and Citizenship & Anor (2007) 235 ALR 609 referred to SZEEU & Ors v Minister for Immigration and Multicultural and Indigenous Affairs (2006) 150 FCR 214 referred to SZJZB v Minister for Immigration and Citizenship (2008) 105 ALD 226 distinguished SZKMS v Minister for Immigration and Citizenship [2008] FCA 499 referred to SZKOB v Minister for Immigration and Citizenship [2007] FCA 1949 followed SZMFZ v Minister for Immigration and Citizenship [2008] FCA 1890 distinguished VUAX v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 158 referred to SZMPT v MINISTER FOR IMMIGRATION AND CITIZENSHIP and REFUGEE REVIEW TRIBUNAL
NSD 1872 of 2008
JACOBSON J
12 FEBRUARY 2009
SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 1872 of 2008
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: SZMPT
Appellant
AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP
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