Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZMKR v Minister for Immigration & Citizenship [2010] FCA 340 Citation: SZMKR v Minister for Immigration & Citizenship [2010] FCA 340
Appeal from: SZMKR v Minister for Immigration & Anor [2009] FMCA 825
Parties: SZMKR v MINISTER FOR IMMIGRATION AND CITIZENSHIP and REFUGEE REVIEW TRIBUNAL
File number(s): NSD 1046 of 2009
Judge: GRAY J
Date of judgment: 9 April 2010
Catchwords: MIGRATION – visa – protection visa – obligation of Tribunal to provide particulars of information and explain how the information is relevant – Tribunal relied on failure of an informant to make a positive statement as an implicit negative statement – whether Tribunal obliged to provide particulars and explanation of the relevance of implied positive statement – whether Tribunal obliged to make further inquiries about the matter Words and Phrases: "information" Legislation: Migration Act 1958 (Cth), ss 5(1), 36, 422B, 422B(1), 424AA, 424A, 424A(1), 424A(1)(a), 424A(1)(b), 424A(1)(c) 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: Minister for Immigration & Citizenship v Applicant A125 of 2003 [2007] FCAFC 162 (2007) 163 FCR 285 cited Minister for Immigration & Citizenship v SZIAI [2009] HCA 39 referred to NBKS v Minister for Immigration and Multicultural and Indigenous Affairs [2006] FCAFC 174 referred to SZBYR v Minister for Immigration & Citizenship [2007] HCA 26 referred to SZGSI v Minister for Immigration & Citizenship [2007] FCAFC 110 (2007) 160 FCR 506 referred to SZIAI v Minister for Immigration & Citizenship [2008] FCA 1372 (2008) 104 ALD 22 cited SZKCQ v Minister for Immigration & Citizenship [2008] FCAFC 119 (2008) 170 FCR 236 referred to SZLPO v Minister for Immigration & Citizenship (No 2) [2009] FCAFC 60 cited SZMKR v Minister for Immigration & Anor [2009] FMCA 825 cited VAF v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 123 (2004) 206 ALR 471 referred to
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