SZNMT v Minister for Immigration & Citizenship [2010] FCA 338

FEDERAL COURT OF AUSTRALIA

SZNMT v Minister for Immigration & Citizenship [2010] FCA 338 Citation: SZNMT v Minister for Immigration & Citizenship [2010] FCA 338

Appeal from: SZNMT v Minister for Immigration & Anor [2009] FMCA 778

Parties: SZNMT v MINISTER FOR IMMIGRATION & CITIZENSHIP and REFUGEE REVIEW TRIBUNAL

File number(s): NSD 990 of 2009

Judge: GRAY J

Date of judgment: 9 April 2010

Catchwords: MIGRATION – visa – protection visa – Tribunal hearing – whether Tribunal obliged to insist that appellant use interpreter instead of answering questions in English – whether denial of procedural fairness because appellant misunderstood questions – Tribunal's obligation to provide particulars of information and indication of its relevance – whether Tribunal relied on any information of which it was obliged to provide particulars and an indication of relevance – whether Tribunal understood its task – whether Tribunal took into account irrelevant considerations

Legislation: Acts Interpretation Act 1901 (Cth), s 33(2A) Migration Act 1958 (Cth), ss 36, 91R(1)(b), 91R(2), 91R(3), 366C(3), 420, 420(2)(b), 424, 424A, 424A(1), 424A(1)(a), 424A(3)(b), 425, 427(7) Convention relating to the Status of Refugees done at Geneva on 28 July 1951 Protocol relating to the Status of Refugees done at New York on 31 January 1967

Cases cited: House v The King (1936) 55 CLR 499 referred to M175 of 2002 v Minister for Immigration & Citizenship [2007] FCA 1212 cited Minister for Aboriginal Affairs v Peko-Wallsend Limited (1986) 162 CLR 24 cited SZNMT v Minister for Immigration & Anor [2009] FMCA 778 cited