Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZMHD v Minister for Immigration and Citizenship [2009] FCA 712
MIGRATION – applicationfor review of decision of Refugee Review Tribunal – whether Tribunal erred in failing to provide appellant with particulars of information relating to a document provided to the appellant in a s 424A letter – Court must determine objectively what theTribunal considered was the reason or part of the reason for affirming the decision under review – s 424A of the Migration Act 1958 (Cth) cannot be interpreted as imposing an obligation not found to exist on the proper construction of that section – appeal dismissed.
Migration Act 1958 (Cth), ss 422B, 424A Applicant NAFF of 2002 v Minister for Immigration and Multicultural and Indigenous Affairs (2004) 221 CLR 1 referred to Applicant VEAL of 2002 v Minister for Immigration and Multicultural Affairs and Another (2005) 225 CLR 88 referred to Kioa v West (1985) 159 CLR 550 referred to MZXQB v Minister for Immigration and Citizenship (2008) 166 FCR 483 referred to SZBYR v Minister for Immigration and Citizenship (2007) 235 ALR 609 referred to SZKLG v Minister for Immigration and Citizenship (2007) 164 FCR 578 referred to SZMNP v Minister for Immigration and Citizenship [2009] FCA 596 referred to Minister for Immigration and Citizenship v SZMOK [2009] FCAFC 83 followed SZMHD and SZMHE v MINISTER FOR IMMIGRATION AND CITIZENSHIP and REFUGEE REVIEW TRIBUNAL
NSD 1518 of 2008
JACOBSON J
2 JULY 2009
SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
GENERAL DIVISION NSD 1518 of 2008
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: SZMHD
First Appellant
SZMHE
Second Appellant
AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent
REFUGEE REVIEW TRIBUNAL
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