Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZNSI v Minister for Immigration and Citizenship [2010] FCA 223 Citation: SZNSI v Minister for Immigration and Citizenship [2010] FCA 223
Appeal from: SZNSI v Minister for Immigration & Anor [2009] FMCA 1027
Parties: SZNSI v MINISTER FOR IMMIGRATION AND CITIZENSHIP AND ANOR
File number: NSD 1215 of 2009
Judge: FLICK J
Date of judgment: 15 March 2010
Catchwords: MIGRATION – leave to file an amended Notice of Appeal granted – inconsistencies in evidence – findings as to credibility – claim that further time allowed to respond to Tribunal concerns was inadequate Held: Appeal dismissed
Legislation: Migration Act 1958 (Cth) Part 7, Div 4
Cases cited: Applicant S214 of 2003 v Refugee Review Tribunal [2006] FCA 375, 90 ALD 632, followed Commissioner for Australian Capital Territory Revenue v Alphaone (1994) 49 FCR 576, cited Claro v Minister for Immigration, Local Government and Ethnic Affairs (1993) 46 FCR 494, cited F. Hoffman-La Roche & Co. A.G. and Ors v Secretary of State for Trade and Industry [1975] A.C. 295, cited Re Gasparetto et al. and City of Sault Ste. Marie (1973) 35 DLR (3d) 507, cited Guo v Minister for Immigration and Ethnic Affairs (1996) 64 FCR 151, cited Lee v Department of Education and Science (1967) 66 LGR 211, cited McGibbon v Linkenbagh (1996) 62 IR 426, cited Minister for Immigration and Citizenship v SZMOK [2009] FCAFC 83, 257 ALR 427, cited Minister for Immigration and Multicultural and Indigenous Affairs v Maltsin [2005] FCAFC 118, 88 ALD 304, cited R v Hurse [1883] 2 NZLR (SC) 94, cited R v Thames Magistrates Court; Ex parte Polemis [1974] 1 WLR 1371, cited Rogers v Law Coast Mortgages Pty Ltd [2002] FCA 181, cited Scorgie v Minister for Immigration and Citizenship [2007] FCA 2046, 47 AAR 314, cited Stevenson v United Road Transport Union [1976] 3 All ER 29, cited Stewart v Judicial Committee of the Auckland Racing Club (Inc) [1992] 3 NZLR 693, cited SZBEL v Minister for Immigration and Multicultural and Indigenous Affairs [2006] HCA 63, 228 CLR 152, cited SZBYR v Minister for Immigration and Citizenship [2007] HCA 26,235 ALR 609, cited SZFDE v Minister for Immigration and Citizenship [2007] HCA 35, 232 CLR 189, cited SZGGD v Minister for Immigration and Citizenship [2009] FCA 1250, cited SZMAR v Minister for Immigration and Citizenship [2009] FCA 1530, cited SZMKG v Minister for Immigration and Citizenship [2009] FCAFC 99, 177 FCR 555, cited SZNSI v Minister for Immigration and Citizenship [2009] FMCA 1027, affirmed VXDC v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 1388, 146 FCR 562, cited
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