SZNCT v Minister for Immigration and Citizenship [2009] FCA 907

FEDERAL COURT OF AUSTRALIA

SZNCT v Minister for Immigration and Citizenship [2009] FCA 907

MIGRATION —impermissible challenge to facts as found by Tribunal — no requirement to make further inquiries — no requirement on part of Tribunal to supplement facts relied upon PRACTICE AND PROCEDURE —appointment of parent as tutor — award of costs against tutor

Held: Appeal dismissed

Immigration (Guardianship of Children) Act 1946 (Cth) ss 5, 6 Migration Act 1958 (Cth) s 427(1)(d) Federal Court of Australia Act 1976 (Cth) s 43 Federal Court Rules O 43 Convention relating to the Status of Refugees, Opened for signature 28 July 1951, 189 UNTS 150 (entered into force 22 April 1954) Art 1A(2)

Applicant S214 of 2003 v Refugee Review Tribunal [2006] FCA 375, 90 ALD 632, cited Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321, applied Citrus Queensland Pty Ltd v Sunstate Orchards Pty Ltd (No 10) [2009] FCA 498, cited Ex parte Davis (1901) 1 SR (NSW) 187, cited Foxtel Management Pty Ltd v Australian Competition and Consumer Commission [2000] FCA 589, 173 ALR 362, cited Gomez v Minister for Immigration and Multicultural Affairs [2002] FCA 480, 190 ALR 543, applied F Hoffman-La Roche and Co v Secretary of State for Trade and Industry [1975] AC 295, cited Knight v FP Special Assets Ltd (1992) 174 CLR 178, applied Luu v Renevier (1989) 91 ALR 39, cited Manton International Pty Ltd (In Liquidation) v Deputy Commissioner of Taxation [2006] FCAFC 76, applied Minister for Immigration and Citizenship v Le [2007] FCA 1318, 161 FCR 151, cited Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259, cited Minister for Immigration and Multicultural Affairs v Anthonypillai [2001] FCA 274, 106 FCR 426, applied Minister for Immigration and Multicultural Affairs v Epeabaka [1999] FCA 1, 84 FCR 411, cited Re Minister for Immigration and Multicultural Affairs; Ex parte Cassim [2000] HCA 50, 175 ALR 209, applied Re Minister for Immigration and Multicultural Affairs; Ex parte Eshetu[1999] HCA 21, 197 CLR 611, applied Minister for Immigration and Multicultural and Indigenous Affairs v NBDS [2006] FCA 265, 90 ALD 614, applied Mohammed v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCAFC 47, applied NABE v Minister for Immigration and Multicultural and Indigenous Affairs (No 2) [2004] FCAFC 263, 144 FCR 1, applied Odhiambo v Minister for Immigration and Multicultural Affairs [2002] FCAFC 194, 122 FCR 29, cited Prasad v Minister for Immigration and Ethnic Affairs (1985) 6 FCR 155, applied S1925 of 2003 v Minister for Immigration and Citizenship [2008] FCA 246, applied SBAH v Minister for Immigration and Multicultural and Indigenous Affairs [2002] FCAFC 426, 126 FCR 552, applied SCAW v Minister for Immigration and Multicultural and Indigenous Affairs [2002] FCA 810, applied SFGB v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCAFC 231, 77 ALD 402, cited SZIAI v Minister for Immigration and Citizenship [2008] FCA 1372, 104 ALD 22, cited SZJXW v Minister for Immigration and Citizenship [2008] FCA 143, cited SZNCT & SZNCU v Minister for Immigration and Citizenship [2009] FMCA 233, affirmed X v Minister for Immigration and Multicultural Affairs [1999] FCA 995, 92 FCR 524, cited SZNCT AND ANOR v MINISTER FOR IMMIGRATION AND CITIZENSHIP AND ANOR