SZNOT v Minister for Immigration and Citizenship [2010] FCA 105

FEDERAL COURT OF AUSTRALIA

SZNOT v Minister for Immigration and Citizenship [2010] FCA 105 Citation: SZNOT v Minister for Immigration and Citizenship [2010] FCA 105

Appeal from: SZNOT & Ors v Minister for Immigration and Citizenship & Anor [2009] FMCA 1007

Parties: SZNOT AND ORS v MINISTER FOR IMMIGRATION AND CITIZENSHIP AND ANOR

File number: NSD 1196 of 2009

Judge: FLICK J

Date of judgment: 22 February 2010

Catchwords: MIGRATION – alleged failure to allow sufficient time to answer questions – alleged failure to allow adjournments of sufficient duration – onus of proof – importance of understanding why information relevant to review – onus of establishing ground of review Held: Appeal dismissed

Legislation: Migration Act 1958 (Cth) s 424AA

Cases cited: Abebe v Commonwealth (1999) 197 CLR 510, followed AB Pty Ltd v Australian Crime Commission [2009] FCA 119, 175 FCR 296, cited Australian Securities Commission v Lucas (1992) 36 FCR 165, followed Industrial Equity Ltd v Deputy Commissioner of Taxation [1990] HCA 46, 170 CLR 649, followed Minister for Immigration and Citizenship v SZIAI [2009] HCA 39, 259 ALR 429, followed SZFQY v Minister for Immigration and Citizenship [2009] FCA 935, cited SZJBA v Minister for Immigration and Citizenship [2007] FCA 1592, 164 FCR 14, followed SZJZS v Minister for Immigration and Citizenship [2008] FCA 789, 102 ALD 318, followed SZLVZ v Minister for Immigration and Citizenship [2008] FCA 1816, followed SZMCD v Minister for Immigration and Citizenship [2009] FCAFC 46, 174 FCR 415, followed SZNOT v Minister for Immigration and Citizenship [2009] FMCA 1007, affirmed VAAD v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCAFC 117, cited X v Australian Crime Commission [2004] FCA 1475, 139 FCR 413, followed