SZGUR v Minister for Immigration and Citizenship [2010] FCA 171

FEDERAL COURT OF AUSTRALIA

SZGUR v Minister for Immigration and Citizenship [2010] FCA 171 Citation: SZGUR v Minister for Immigration and Citizenship and Refugee Review Tribunal

Appeal from: SZGUR v Minister for Immigration & anor [2009] FMCA 750

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

File number: NSD 948 of 2009

Judges: RARES J

Date of judgment: 4 March 2010

Catchwords: MIGRATION – jurisdictional error – whether tribunal had an adequate basis to take into account psychiatric diagnosis as not explaining inconsistent evidence given by applicant for review – no apparent standard or reasoning by which tribunal imposed a test of what it expected a person affected by psychiatric condition to remember MIGRATION – jurisdictional error – failure by tribunal to make an obvious enquiry about a critical fact the existence of which was easily ascertained – whether tribunal ought to have considered agent's request in responding to letter under s 424A(1) to exercise power under s 427(1)(d) of the Migration Act 1958 (Cth) to obtain a psychiatric examination of the appellant – tribunal overlooked, or had no good reason for not, considering such request – no evidence that proper, genuine and realistic consideration was given to the serious request by appellant's agent for medical examination

Legislation: Migration Act 1958 (Cth)

Cases cited: Applicant VEAL of 2002 v Minister for Immigration and Multicultural and Indigenous Affairs (2005) 225 CLR 88 applied Applicant WAEE v Minister for Immigration (2003) 75 ALD 630 considered Dornan v Riordan (1990) 24 FCR 564 applied Lafu v Minister for Immigration and Citizenship [2009] FCAFC 140 cited Minister for Immigration and Citizenship v SZIAI (2009) 259 ALR 429 applied Minister for Immigration and Multicultural Affairs v Yusuf (2001) 206 CLR 323 applied Minister for Immigration and Multicultural and Indigenous Affairs v Maltsin (2006) 88 ALD 304 applied Minister for Immigration and Multicultural and Indigenous Affairs for SGLB (2004) 207 ALR 12 applied Re Minister for Immigration and Multicultural and Indigenous Affairs; Ex parte Palme (2003) 216 CLR 212 cited Re Minister for Immigration Ex parte Applicant S20/2002 (2003) 198 ALR 59 applied Telstra Corporation Ltd v Australian Competition and Consumer Commission (2008) 176 FCR 153 cited