SZJOG v Minister for Immigration and Citizenship [2010] FCA 244

FEDERAL COURT OF AUSTRALIA

SZJOG v Minister for Immigration and Citizenship [2010] FCA 244 Citation: SZJOG v Minister for Immigration and Citizenship [2010] FCA 244

Appeal from: SZJOG v Minister for Immigration & Anor [2009] FMCA 1095

Parties: SZJOG v MINISTER FOR IMMIGRATION AND CITIZENSHIP AND ANOR

File number: NSD 1245 of 2009

Judge: FLICK J

Date of judgment: 18 March 2010

Catchwords: MIGRATION – unrepresented parties – role of Court at first instance – the "model litigant" – findings of fact open on the evidence – probative evidence – illogical findings – no jurisdictional error Held: Appeal dismissed

Legislation: Migration Act 1958 (Cth)

Cases cited: Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321, cited Kopalapillai v Minister for Immigration and Multicultural Affairs (1998) 86 FCR 547, followed NACB v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCAFC 235, cited NBKT v Minister for Immigration and Multicultural Affairs [2006] FCAFC 195, 156 FCR 419, followed Neil v Nott [1994] HCA 23, 121 ALR 148, cited Nipperess v Military Rehabilitation and Compensation Commission [2006] FCA 943, 43 AAR 252, cited Platcher v Joseph [2004] FCAFC 68, cited SZDFO v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCA 1192, cited SZEEO v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 546, cited SZIBY v Minister for Immigration and Citizenship [2007] FCA 1974, cited SZJOG v Minister for Immigration [2009] FMCA 1095, affirmed SZLGP v Minister for Immigration and Citizenship [2009] FCA 1470, cited SZNNK v Minister for Immigration and Citizenship [2009] FCA 1386, followed Vaeula v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 147, cited VUAX v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 158, cited