SZMRS v Minister for Immigration and Citizenship [2009] FCA 936

FEDERAL COURT OF AUSTRALIA

SZMRS v Minister for Immigration and Citizenship [2009] FCA 936

MIGRATION — procedural fairness — non-disclosure of reasons why a letter was "dubious in other ways" — weight to be given to letter — no entitlement to comment on reasoning process of Tribunal PRACTICE AND PROCEDURE — appeal filed 2 days out of time — no prejudice to Respondent — extension of time granted

Held: An extension of time is granted but the appeal is dismissed.

Migration Act 1958 (Cth) s 425 Federal Court Rules O 52 r 15

Habib v Director-General of Security [2009] FCAFC 48, 175 FCR 411, applied Jess v Scott (1986) 12 FCR 187, applied Minister for Immigration and Citizenship v SZMOK [2009] FCAFC 83, considered Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259, applied SBLF v Minister for Immigration and Citizenship [2008] FCA 1219, 103 ALD 566, applied Scorgie v Minister for Immigration and Citizenship [2007] FCA 2046, 47 AAR 314, applied SZBEL v Minister for Immigration [2006] HCA 63, 231 ALR 592, applied SZBYR v Minister for Immigration and Citizenship [2007] HCA 26, 96 ALD 1, applied SZMRS v Minister for Immigration and Citizenship [2009] FMCA 263, affirmed VAF v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 123, 206 ALR 471, cited WAAD v Minister for Immigration and Multicultural Affairs [2002] FCAFC 399, cited WAGU v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCA 912, cited

SZMRS v MINISTER FOR IMMIGRATION AND CITIZENSHIP AND ANOR

NSD 341 of 2009

FLICK J

24 August 2009

SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NSW DISTRICT REGISTRY

GENERAL DIVISION NSD 341 of 2009

BETWEEN: SZMRS

Applicant

AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP

First Respondent

REFUGEE REVIEW TRIBUNAL