SZKUS v Minister for Immigration and Citizenship [2009] FCA 1285

FEDERAL COURT OF AUSTRALIA

SZKUS v Minister for Immigration and Citizenship [2009] FCA 1285

MIGRATION – where Tribunal obtains information pursuant to s 424(1) Migration Act 1958 (Cth) – obligation to consider information obtained – whether Tribunal considered information obtained Held: appeal allowed Migration Act 1958 (Cth), s 424(1) Applicant WAEE v Minister for Immigration & Multicultural & Indigenous Affairs (2003) 75 ALD 630; [2003] FCAFC 184 Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 SZKUS v Minister for Immigration [2009] FMCA 727

SZKUS v MINISTER FOR IMMIGRATION AND CITIZENSHIP and REFUGEE REVIEW TRIBUNAL

NSD 892 of 2009

JAGOT J

12 NOVEMBER 2009

SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY

GENERAL DIVISION NSD 892 of 2009

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: SZKUS

Appellant

AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

JUDGE: JAGOT J

DATE OF ORDER: 12 NOVEMBER 2009

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. The appeal be allowed. 2. The orders of the Federal Magistrates Court dated 31 July 2009 be set aside. 3. The decision of the Refugee Review Tribunal signed on 6 May 2008 and published on 27 May 2008 affirming the decision not to grant the appellant a Protection (Class XA) visa be set aside. 4. The matter be remitted to the Refugee Review Tribunal for determination in accordance with law. 5. The first respondent pay the appellant's costs of this appeal and of the hearing before the Federal Magistrates Court, as agreed or taxed.

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