SZNJZ v Minister for Immigration and Citizenship [2010] FCA 689

FEDERAL COURT OF AUSTRALIA

SZNJZ v Minister for Immigration and Citizenship [2010] FCA 689 Citation: SZNJZ v Minister for Immigration and Citizenship [2010] FCA 689

Appeal from: SZNJZ v Minister for Immigration & Anor [2010] FMCA 72

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

File number: NSD 230 of 2010

Judge: COWDROY J

Date of judgment: 2 July 2010

Catchwords: MIGRATION – Appeal from Federal Magistrates Court of Australia – Procedural fairness – Whether Federal Magistrate failed to consider whether the Tribunal had erred in allegedly failing to provide the appellant with details of adverse evidence against him – Whether Federal Magistrate erred in finding that the Tribunal had not erred in declining to provide the appellant additional time under s 424AA(b)(iv) – Whether decision should be set aside on the ground that there were errors in translation of the appellant's evidence – Held – No error on the part of the Federal Magistrate – Appeal dismissed.

Legislation: Migration Act 1958 (Cth) ss 36(2)(a), 424A, 424AA

Cases cited: Chan Yee Kin v Minister for Immigration and Ethnic Affairs (1989) 169 CLR 379 cited Iyer v Minster for Immigration and Multicultural Affairs [2000] FCA 1788 cited Minister for Aboriginal Affairs and Another v Peko-Wallsend Limited and Others (1986) 162 CLR 24 cited NAHI v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 10 cited Re Minister for Immigration and Multicultural Affairs and Others; Ex parte Durairajasingham (2000) 58 ALD 609 cited Soltanyzand v Minister for Immigration and Multicultural Affairs [2001] FCA 1168 cited SZEEU and Others v Minister for Immigration and Multicultural and Indigenous Affairs (2006) 150 FCR 214 cited VAAC v Minister for Immigration and Multicultural and Indigenous Affairs (2003) 129 FCR 168 cited