SZNZK v Minister for Immigration & Citizenship [2010] FCA 651

FEDERAL COURT OF AUSTRALIA

SZNZK v Minister for Immigration & Citizenship [2010] FCA 651 Citation: SZNZK v Minister for Immigration & Citizenship [2010] FCA 651

Appeal from: SZNZK v Minister for Immigration & Anor [2010] FMCA 186

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

File number(s): NSD 333 of 2010

Judges: PERRAM J

Date of judgment: 24 June 2010

Catchwords: MIGRATION – Visas – Protection visas – Decision of delegate of the Minister – Reasons – Premised on material submitted by another unrelated applicant – Decision reviewable by the Refugee Review Tribunal – Applicant denied two merits-based decisions – No jurisdictional error by Tribunal

Legislation: Constitution s 75(v) Federal Court of Australia Act 1976 (Cth) ss 24, 25 Migration Act 1958 (Cth) ss 65, 411, 414, 418, 425, 476

Cases cited: Applicant S1693 of 2003 v Refugee Review Tribunal [2004] FCA 1512 applied Collector of Customs (NSW) v Brian Lawlor Automotive Pty Ltd (1979) 41 FLR 338 applied Evans v State of New South Wales [2008] FCAFC 30 cited Minister for Immigration and Multicultural and Indigenous Affairs v Ahmed (2005) 143 FCR 314 cited SZGME v Minister for Immigration and Citizenship (2008) 168 FCR 487 cited SZNZK v Minister for Immigration & Anor [2010] FMCA 186 affirmed Re the Honourable Justice Sir Gerard Brennan; Ex parte Muldowney (1993) 67 ALJR 837 cited The King v Murray and Cormie; Ex parte The Commonwealth (1916) 22 CLR 437 cited Uddin v Minister for Immigration and Multicultural and Indigenous Affairs (2005) 149 FCR 1 cited Zubair v Minister for Immigration and Multicultural and Indigenous Affairs (2004) 139 FCR 344 cited