SZMUF v Minister for Immigration and Citizenship [2009] FCA 182

FEDERAL COURT OF AUSTRALIA

SZMUF v Minister for Immigration and Citizenship [2009] FCA 182

MIGRATION – challenge to the weight given to evidence – adverse findings as to authenticity of documents – findings open to Tribunal – no duty to make further enquiries

Abebe v The Commonwealth of Australia [1999] HCA 14, 197 CLR 510, cited Applicant S214 of 2003 v Refugee Review Tribunal [2006] FCA 375, 90 ALD 632, cited Chand v Minister for Immigration and Ethnic Affairs (unreported, FCA, NG 257 of 1997, 7 November 1997), cited Meadows v Minister for Immigration and Multicultural Affairs (1998) 90 FCR 370, cited Minister for Immigration and Citizenship v Le [2007] FCA 1318, 164 FCR 151, cited Re Minister for Immigration and Multicultural Affairs; Ex parte Durairajasingham [2000] HCA 1, 168 ALR 407, cited Re Minister for Immigration and Multicultural Affairs; Ex parte Miah [2001] HCA 22, 206 CLR 57, cited SZJMH v Minister for Immigration and Citizenship [2008] FCA 270, cited SZKRR v Minister for Immigration and Citizenship [2008] FCA 145, cited SZLGP v Minister for Immigration and Citizenship [2008] FCA 1198 SZMUF v Minister for Immigration and Citizenship [2008] FMCA 1731, affirmed WACO v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCAFC 171, 131 FCR 511, cited WAGU v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCA 912, cited WAIJ v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 74, 80 ALD 568, cited SZMUF v MINISTER FOR IMMIGRATION AND CITZENSHIP AND ANOR

NSD 2001 of 2008

FLICK J

2 March 2009

SYDNEY IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 2001 of 2008

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: SZMUF

Appellant

AND: MINISTER FOR IMMIGRATION AND CITZENSHIP