SZMPF v Minister for Immigration and Citizenship [2009] FCA 908

FEDERAL COURT OF AUSTRALIA

SZMPF v Minister for Immigration and Citizenship [2009] FCA 908 MIGRATION — review of reasons of Refugee Review Tribunal ADMINISTRATIVE LAW — jurisdictional error — no failure to consider a contention —resolution of claim as advanced — no requirement to resolve an alternative claim not squarely raised Held: Appeal dismissed Migration Act 1958 (Cth) s 430(1) Applicant M31 of 2002 v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCA 533, cited Craig v State of South Australia (1995) 184 CLR 163, applied HTUN v Minister for Immigration and Multicultural Affairs [2001] FCA 1802, 194 ALR 244, considered Jayasinghe v Minister for Immigration and Multicultural Affairs [2006] FCA 1700, cited Martinez v Minister for Immigration and Citizenship [2009] FCA 528, 256 ALR 32, cited Minister for Immigration and Multicultural Affairs v Bhardwaj [2002] HCA 11, 209 CLR 597, considered Minister for Immigration and Multicultural Affairs v Yusuf [2001] HCA 30, 206 CLR 323, cited MZXCL v Minister for Immigration and Citizenship [2008] FCA 1770, cited MZXQS v Minister for Immigration and Citizenship [2009] FCA 97, 107 ALD 33, cited NABE v Minister for Immigration and Multicultural and Indigenous Affairs (No 2) [2004] FCAFC 263, 144 FCR 1, considered Paramananthan v Minister for Immigration and Multicultural Affairs (1998) 94 FCR 28, considered SDAQ v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCAFC 120, 129 FCR 137, cited Sellamuthu v Minister for Immigration and Multicultural Affairs (1999) 90 FCR 287, cited SZGUW v Minister for Immigration and Citizenship [2008] FCA 91, followed SZMDB v Minister for Immigration and Citizenship [2008] FCA 1937, 105 ALD 499, cited SZMHL v Minister for Immigration and Citizenship [2009] FCA 581, cited SZMPF v Minister for Immigration and Citizenship [2009] FMCA 273, affirmed WAEE v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCAFC 184, 75 ALD 630, applied SZMPF v MINISTER FOR IMMIGRATION AND CITIZENSHIP AND ANOR