Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZNBX v Minister for Immigration and Citizenship [2009] FCA 1403
MIGRATION – appellants claimed persecution after commencing court case in Latvia – appellants asked Tribunal to contact lawyer in Latvia to obtain more information about the court case but did not provide lawyer's contact details – Tribunal found the court case did not exist based on the lack of information provided by the appellants – whether Tribunal had obligation to ask for lawyer's contact details or to contact lawyer – duty to inquire Migration Act 1958 (Cth) ss 420, 424A, 425
Abebe v Commonwealth of Australia(1999) 197 CLR 510 cited Minister for Immigration and Citizenship v Le (2007) 164 FCR 151 referred to Minister for Immigration and Multicultural Affairs v SZFDE (2006) 154 FCR 365 cited Minister for Immigration & Citizenship v SZIAI (2009) 259 ALR 429 applied Prasad v Minister for Immigration and Ethnic Affairs (1985) 6 FCR 155 referred to SZBYR v Minister for Immigration and Citizenship (2007) 235 ALR 609 applied SZHUH v Minister for Immigration and Citizenship [2008] FCA 1893 referred to SZMCE v Minister for Immigration and Citizenship (2008) 105 ALD 508 referred to SZNBX v Minister for Immigration and Citizenship [2001] FMCA 103 affirmed SZNBX and SZNBY v MINISTER FOR IMMIGRATION AND CITIZENSHIP and REFUGEE REVIEW TRIBUNAL
NSD 771 of 2009
BENNETT J
1 DECEMBER 2009
SYDNEY IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
GENERAL DIVISION NSD 771 of 2009
BETWEEN: SZNBX
First Appellant
SZNBY
Second Appellant
AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE: BENNETT J
DATE OF ORDER: 1 DECEMBER 2009
WHERE MADE: SYDNEY
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