SZNNQ v Minister for Immigration and Citizenship [2010] FCA 376

FEDERAL COURT OF AUSTRALIA

SZNNQ v Minister for Immigration and Citizenship [2010] FCA 376 Citation: SZNNQ v Minister for Immigration and Citizenship [2010] FCA 376

Appeal from: SZNNQ v Minister for Immigration & Anor [2009] FMCA 1144

Parties: SZNNQ v MINISTER FOR IMMIGRATION AND CITIZENSHIP and REFUGEE REVIEW TRIBUNAL

File number: NSD 1414 of 2009

Judge: LOGAN J

Date of judgment: 21 April 2010

Catchwords: MIGRATION – Appeal from decision of Federal Magistrates Court – Application for Protection Visa – Where Appellant alleged Refugee Review Tribunal acted irrationally and illogically – Where Appellant alleged Tribunal's decision attended by apprehended bias having regard to its reasons – Where Tribunal found Appellant's claims to be unusually similar to that of her sister's – Held, objective consideration of Tribunal's reasons read as a whole did not give rise to an apprehension of bias – Held, Refugee Review Tribunal did not act irrationally or illogically in failing to be satisfied that the Appellant's claims were well founded

Legislation: Migration Act 1958 (Cth) ss 36, 414, 424A, 430 Constitution (Cth)

Cases cited: NADH v Minister for Immigration and Multicultural and Indigenous Affairs (2004) 214 ALR 264 cited Minister for Immigration and Multicultural Affairs v Eshetu (1999) 197 CLR 611 considered Re Refugee Review Tribunal; Ex parte H (2001) 75 ALJR 982 followed SZBYR v Minister for Immigration and Citizenship (2007) 81 ALJR 1190 cited Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 considered Attorney-General (NSW) v Quin (1990) 170 CLR 1 cited Re Minister for Immigration and Multicultural Affairs; ex parte Applicant S20/2002 (2003) 77 ALJR 1165 cited Minister for Immigration and Multicultural Affairs v SGLB (2004) 78 ALJR 992 cited Aronson M, Dyer B & Groves M, Judicial Review of Administrative Action (4th ed, Law Book Co, 2009)