SZLGP v Minister for Immigration and Citizenship [2009] FCA 1470

FEDERAL COURT OF AUSTRALIA

SZLGP v Minister for Immigration and Citizenship [2009] FCA 1470 MIGRATION – Judicial review – Appeal from Federal Magistrates Court – Protection visa – Failure to apprehend document of critical importance to Appellant's case – Overlooking of relevant consideration – Whether failure on part of Tribunal to consider critical document amounted to jurisdictional error – Held Tribunal committed jurisdictional error – Held Federal Magistrates Court failed to apprehend Tribunal's act of jurisdictional error – Held appeal allowed Migration Act 1958 (Cth) ss 414, 424A, 424AA, 425 SZLGP v Minister for Immigration & Citizenship[2008] FCA 1198 considered SZBYR v Minister for Immigration and Citizenship (2007) 81 ALJR 1190 cited H v Minister for Immigration and Multicultural Affairs (2000) 63 ALD 43 cited Coulton v Holcombe (1986) 162 CLR 1 considered VUAX v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 158 applied Re Minister for Immigration and Multicultural Affairs; Ex parte Durairajasingham (2000) 74 ALJR 405 considered Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321 considered Re Minister for Immigration and Multicultural Affairs; Ex parte Applicant S20/2002; Applicant S106/2002 v Minister for Immigration and Multicultural Affairs (2003) 77 ALJR 1165 considered WAHP v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 87 considered SZDFO v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCA 1192 considered Dranichnikov v Minister for Immigration and Multicultural Affairs (2003) 77 ALJR 1088 applied SZIFI v Minister for Immigration and Multicultural and Indigenous Affairs (2007) 238 ALR 611 considered WAIJ v Minister for Immigration & Multicultural & Indigenous Affairs(2004) 80 ALD 568 considered NAJT v Minister for Immigration and Multicultural and Indigenous Affairs (2005) 147 FCR 51 considered Minister for Immigration and Citizenship v SZIAI (2009) 83 ALJR 1123 applied Aronson M, Dyer B, Groves M, Judicial Review of Administrative Action (4th ed, Law Book Co, 2009) SZLGP and SZLGQ v MINISTER FOR IMMIGRATION AND CITIZENSHIP and REFUGEE REVIEW TRIBUNAL