Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZMSF v Minister for Immigration and Citizenship [2010] FCA 585 Citation: SZMSF v Minister for Immigration and Citizenship [2010] FCA 585
Appeal from: SZMSF v Minister for Immigration and Citizenship [2010] FMCA 22
Parties: SZMSF v MINISTER FOR IMMIGRATION AND CITIZENSHIP AND ANOR
File number: NSD 124 of 2010
Judge: FLICK J
Date of judgment: 11 June 2010
Catchwords: PRACTICE AND PROCEDURE – nature of an appeal – in the nature of a re-hearing – need to identify appellable error MIGRATION – claimed mental condition and use of medication affected fitness – opportunity to give evidence and advance arguments – meaningful opportunity – finding – not "unfit" to attend and participate effectively in hearing before Tribunal – no jurisdictional error
Legislation: Migration Act 1958 (Cth), ss 414, 425
Cases cited: Applicant S 296 of 2003 v Minister for Immigration and Multicultural Affairs [2006] FCA 1166, cited Farrington v Deputy Commissioner of Taxation [2002] FCA 1013, 50 ATR 429, cited George v Deputy Commissioner of Taxation [2004] FCA 1433, 212 ALR 495, cited Knight v Beyond Properties Pty Ltd [2007] FCAFC 170, followed Mineo v Etna [2009] FCA 337, 176 FCR 74, followed Minister for Immigration and Multicultural Affairs v Bhardwaj [2002] HCA 11, 209 CLR 597, cited Minister for Immigration and Multicultural and Indigenous Affairs v SCAR [2003] FCAFC 126, 128 FCR 553, considered by Minister for Immigration and Multicultural Affairs v SZFDE [2006] FCAFC 142, 154 FCR 365, cited Minister for Immigration and Citizenship v SZNVW [2010] FCAFC 41, followed NADZ v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 975, cited NAMJ v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCA 983, 76 ALD 56, followed Poulet Frais Pty Ltd v Silver Fox Company Pty Ltd [2005] FCAFC 131, 220 ALR 211, cited SZHKA v Minister for Immigration and Citizenship [2008] FCAFC 138, 172 FCR 1, cited SZKPB v Minister for Immigration and Citizenship [2009] FCA 147, cited SZLBE v Minister for Immigration and Citizenship [2008] FCA 1789, cited SZLLY v Minister for Immigration and Citizenship [2009] FCA 185, 107 ALD 352, cited SZMSA v Minister for Immigration and Citizenship [2010] FCA 345, cited SZMSF v Minister for Immigration and Citizenship [2010] FMCA 22, affirmed SZMSF v Minister for Immigration and Citizenship [2010] FMCA 221, cited WAJR v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCA 106, 204 ALR 624, cited
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