SZMTJ v Minister for Immigration and Citizenship (No 2) [2009] FCA 486

FEDERAL COURT OF AUSTRALIA

SZMTJ v Minister for Immigration and Citizenship (No 2) [2009] FCA 486

MIGRATION – conduct in Australia – not for purpose of strengthening claim to be a refugee – Tribunal's satisfaction as to purpose – inferences to be drawn from Tribunal's reasons – departure from delegate's finding PRACTICE AND PROCEDURE – Notice of Contention – extension of time – leave to amend Notice of Appeal

Migration Act 1958 (Cth) ss 91R, 424A(1), 424A(2), 425 Federal Court Rules 1979 (Cth) O 52 r 21(3), O 52 r 22(3)(a)

Applicant A376 of 2002 v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 222, cited Applicant NAFF of 2002 v Minister for Immigration and Multicultural and Indigenous Affairs [2004] HCA 62, 221 CLR 1, cited Black v Minister for Immigration and Citizenship [2007] FCAFC 189, 99 ALD 1, cited Coulton v Holcombe (1986) 162 CLR 1, applied Gomez v Minister for Immigration and Multicultural Affairs [2002] FCAFC 105, 190 ALR 543, cited Metwally v University of Wollongong (1985) 60 ALR 68, applied Minister for Immigration and Citizenship v SZJGV; Minister for Immigration and Citizenship v SZJXO [2008] HCATrans 404, cited Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259, applied Minister for Immigration and Multicultural Affairs v SZGMF [2006] FCAFC 138, cited MZKAM v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 428, cited MZXKH v Minister for Immigration and Citizenship [2007] FCA 663, cited NAOA v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 241, discussed NBBO v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 1132, cited NBKB v Minister for Immigration and Citizenship [2009] FCA 69, 106 ALD 525, cited SAAP v Minister for Immigration and Multicultural and Indigenous Affairs [2005] HCA 24, 228 CLR 294, discussed SZBEL v Minister for Immigration and Multicultural and Indigenous Affairs [2006] HCA 63, 228 CLR 152, discussed SZBYR v Minister for Immigration and Citizenship [2007] HCA 26, 96 ALD 1, cited SZHFE v Minister for Immigration, Multicultural and Indigenous Affairs (No 2) [2006] FCA 648, cited SZHKA v Minister for Immigration and Citizenship [2008] FCAFC 138, cited SZIAI v Minister for Immigration and Citizenship [2008] FCA 1372, 104 ALD 22, cited SZJGV v Minister for Immigration and Citizenship [2008] FCAFC 105, 170 FCR 515, cited SZJYA v Minister for Immigration and Citizenship (No 2) [2008] FCA 911, 102 ALD 598, cited SZLQX v Minister for Immigration and Citizenship [2008] FCA 1286, cited SZMTJ v Minister for Immigration and Citizenship [2009] FMCA 18, affirmed SZMTJ v Minister for Immigration and Citizenship [2009] FCA 175, cited VUAX v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 158, cited