SZNWA v Minister for Immigration and Citizenship [2010] FCA 470

FEDERAL COURT OF AUSTRALIA

SZNWA v Minister for Immigration and Citizenship [2010] FCA 470 Citation: SZNWA v Minister for Immigration and Citizenship [2010] FCA 470

Appeal from: SZNWA v Minister for Immigration [2010] FMCA 21

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

File number: NSD 148 of 2010

Judge: FOSTER J

Date of judgment: 14 May 2010

Catchwords: MIGRATION – whether the Refugee Review Tribunal, in discharging its obligations under s 425 of the Migration Act 1958 (Cth) was obliged to put to the appellant certain specific facts and circumstances – the Tribunal was not obliged to do so in the present case – in any event, with one exception, the Tribunal had alerted the appellant to the fact that the Tribunal doubted or might doubt the specific matters in question – no breach of s 425 of the Migration Act – whether the Tribunal was bound to make further enquiries as to the whereabouts of a penalty notice said to have been issued to the appellant by the authorities in China or to grant an adjournment of the Tribunal hearing in circumstances where no adjournment was sought – the Tribunal was not obliged to make the further enquiries postulated or to grant any adjournment – appeal dismissed with costs

Legislation: Migration Act 1958 (Cth), s 91R(3), s 425

Cases cited: SZNWA v Minister for Immigration [2010] FMCA 21 affirmed Abebe v Commonwealth (1999) 197 CLR 510 applied Luu v Renevier (1989) 91 ALR 39 applied Minister for Immigration and Citizenship v Applicant A125 of 2003 (2007) 163 FCR 285 applied Minister for Immigration and Citizenship v SZJGY [2008] FCAFC 87 followed Minister for Immigration and Citizenship v SZIAI (2009) 259 ALR 429 applied Minister for Immigration and Citizenship v SZNVW [2010] FCAFC 41 applied SZBEL v Minister for Immigration and Multicultural and Indigenous Affairs (2006) 228 CLR 152 applied