Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZMDS v Minister for Immigration and Citizenship [2009] FCA 210
MIGRATION – information for the purposes of s 424A of the Migration Act 1958 (Cth) – whether the Tribunal fell into jurisdictional error in rejecting what appeared to be corroborative evidence on the basis of on an earlier credibility finding – duty of the Tribunal to act judicially - whether the Tribunal placed undue weight on particular pieces of evidence – whether the Tribunal based its decision on illogical findings or inferences of fact Migration Act 1958 (Cth), s 424A SZBYR v Minister for Immigration and Citizenship [2007] HCA 26 Minister for Immigration and Multicultural and Indigenous Affairs v SGLB (2004) 207 ALR 12 Minister for Immigration & Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 SZLGP v Minister for Immigration & Citizenship [2008] FCA 1198 MZXBQ v Minister for Immigration & Citizenship [2008] FCA 319 SZAPC v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 995 WAIJ v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCAFC 74 WAGU v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 912 SZMDS v MINISTER FOR IMMIGRATION AND CITIZENSHIP and REFUGEE REVIEW TRIBUNAL
NSD 1349 of 2008
MOORE J
10 MARCH 2009
SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 1349 of 2008
BETWEEN: SZMDS
Applicant
AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE: MOORE J
DATE OF ORDER: 10 MARCH 2009
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. The period within which the applicant is to file and serve a notice of appeal be extended until 27 August 2008. 2. The applicant be granted leave to rely upon an amended draft notice of appeal, filed on 6 November 2008. 3. The appeal be allowed. 4. Orders 1 and 2 made by the Federal Magistrates Court on 8 July 2008 be set aside and in lieu thereof, the decision of the second respondent of 18 February 2008 be quashed. 5. The matter be remitted to the second respondent to be heard and determined according to law. 6. The first respondent pay the applicant's costs of the proceeding before the Federal Magistrates Court and before this Court.
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate