SZNOA v Minister for Immigration and Citizenship [2010] FCA 60

FEDERAL COURT OF AUSTRALIA

SZNOA v Minister for Immigration and Citizenship [2010] FCA 60 Citation: SZNOA v Minister for Immigration and Citizenship [2010] FCA 60

Appeal from: SZNOA & Anor v Minister for Immigration & Anor [2009] FMCA 1012

Parties: SZNOA and SZNOB v MINISTER FOR IMMIGRATION AND CITIZENSHIP and REFUGEE REVIEW TRIBUNAL

File number: NSD 1186 of 2009

Judge: COWDROY J

Date of judgment: 12 February 2010

Legislation: Migration Act 1958 (Cth) ss 424, 424A, 424A(2A), 424B, 424AA(b)(iv), 441A Migration Legislation Amendment Act (No.1) 2009 (Cth)

Cases cited: Iyer v Minister for Immigration and Multicultural Affairs [2000] FCA 1788 considered Minister for Immigration and Citizenship v SZIAI (2009) 111 ALD 15 followed Minister for Immigration and Citizenship v SZNAV [2009] FCAFC 109 cited Minister for Immigration and Ethnic Affairs v Wu Shang Liang and Others (1996) 185 CLR 259 followed Minister for Immigration and Multicultural and Indigenous Affairs v Lay Lat (2006) 151 FCR 214followed NAHI v Minister for Immigration [2004] FCAFC 10 followed Minister for Immigration v Le and Others (2007) 164 FCR 151 approved NBKT v Minister for Immigration and Multicultural Affairs and Another (2006) 156 FCR 419 approved Prasad v Minister for Immigration & Ethnic Affairs (1985) 6 FCR 155 approved VAAC v Minister for Immigration and Multicultural and Indigenous Affairs (2003) 129 FCR 168 considered SAAP and Another v Minister for Immigration and Multicultural and Indigenous Affairs and Another (2005) 228 CLR 294 cited SZMCD v Minister for Immigration and Citizenship and Another (2009) 174 FCR 415 followed SZNAV and Others v Minister for Immigration and Another (2009) 110 ALD 604 cited Yao-Jing v Minister for Immigration & Multicultural Affairs (1997) 74 FCR 275 approved