Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZLPN v Minister for Immigration and Citizenship [2010] FCA 202 Citation: SZLPN v Minister for Immigration and Citizenship [2010] FCA 202
Appeal from: SZLPN v Minister for Immigration [2009] FMCA 1011
Parties: SZLPN v MINISTER FOR IMMIGRATION AND CITIZENSHIP AND ANOR
File number: NSD 1259 of 2009
Judge: FLICK J
Date of judgment: 9 March 2010
Catchwords: MIGRATION – inquisitorial function of Refugee Review Tribunal – primary responsibility of an appellant to advance submissions relevant to claims made – findings of fact – findings as to credibility - no benefit of the doubt – no jurisdictional error Held: Appeal dismissed
Legislation: Federal Court of Australia Act 1976 (Cth), s 47A Migration Act 1958 (Cth) High Court Rules, r 41.02.1 Federal Court Rules, O 35 r 3
Cases cited: Abebe v Commonwealth (1999) 197 CLR 510, applied Beale v Government Insurance Office of NSW (1997) 48 NSWLR 430, cited Gholami v Minister for Immigration and Multicultural Affairs [2001] FCA 1091, cited Kopalapillai v Minister for Immigration and Multicultural Affairs (1998) 86 FCR 547, applied Minister for Immigration and Citizenship v SZIAI [2009] HCA 39, 259 ALR 429, applied Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259, applied Re Minister for Immigration and Multicultural Affairs; Ex parte Durairajasingham [2000] HCA 1, applied NAHI v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 10, applied NBKT v Minister for Immigration and Multicultural Affairs [2006] FCAFC 195, 156 FCR 419, cited Randhawa v Minister for Immigration, Local Government and Ethnic Affairs (1994) 52 FCR 437, cited SZBEL v Minister for Immigration and Multicultural and Indigenous Affairs [2006] HCA 63, 228 CLR 152, cited SZJBA v Minister for Immigration and Citizenship [2007] FCA 1592, 164 FCR 14, cited SZJZS v Minister for Immigration and Citizenship [2008] FCA 789, 102 ALD 318, cited SZLGP v Minister for Immigration and Citizenship [2009] FCA 1470, applied SZKLO v Minister for Immigration and Citizenship [2008] FCA 735, cited SZLPN v Minister for Immigration [2008] FMCA 1434, cited SZLPN v Minister for Immigration [2009] FMCA 1011, affirmed SZLVZ v Minister for Immigration and Citizenship [2008] FCA 1816, cited SZMUV v Minister for Immigration and Citizenship [2009] FCA 205, applied SZNNK v Minister for Immigration and Citizenship [2009] FCA 1386, applied SZNRZ v Minister for Immigration and Citizenship [2010] FCA 107, cited
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