Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZOEV v Minister for Immigration and Citizenship [2010] FCA 1045 Citation: SZOEV v Minister for Immigration and Citizenship [2010] FCA 1045
Appeal from: SZOEV v Minister for Immigration and Citizenship [2010] FMCA 407
Parties: SZOEV v MINISTER FOR IMMIGRATION AND CITIZENSHIP AND ANOR
File number: NSD 780 of 2010
Judge: FLICK J
Date of judgment: 24 September 2010
Catchwords: MIGRATION – allegation of bias on part of Tribunal – no failure to consider integer of claim – fact-finding is the task of the Tribunal – no appellable error on the part of the Federal Magistrate PRACTICE AND PROCEDURE – leave sought to raise new grounds – new grounds without merit – leave refused
Legislation: Migration Act 1958 (Cth)
Cases cited: Abebe v The Commonwealth of Australia [1999] HCA 14, 197 CLR 510, cited Chan Yee Kin v The Minister for Immigration and Ethnic Affairs (1990) 169 CLR 379, cited Dart Industries Inc v Decor Corporation Pty Ltd (1989) 15 IPR 403, followed Minister for Immigration and Multicultural Affairs v Jia [2001] HCA 17, 205 CLR 507, applied Minister for Immigration and Multicultural and Indigenous Affairs v SCAR [2003] FCAFC 126, 128 FCR 553, followed MZYAA v Minister for Immigration and Citizenship [2009] FCA 1303, cited MZYEH v Minister for Immigration and Citizenship [2010] FCA 524, followed NADH of 2001 v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 328, 214 ALR 264, cited NAOX v Minister for Immigration and Citizenship [2009] FCA 1056, 112 ALD 54, cited Re J R L; Ex parte C J L (1986) 161 CLR 342, applied Re Minister for Immigration and Multicultural Affairs; Ex parte Durairajasingham [2000] HCA 1, 168 ALR 407, followed Re Refugee Review Tribunal; Ex parte H [2001] HCA 28, 179 ALR 425, cited SZNNQ v Minister for Immigration and Citizenship [2010] FCA 376, 114 ALD 590, cited SZOEV v Minister for Immigration and Citizenship [2010] FMCA 407, affirmed SZLVM v Minister for Immigration and Citizenship [2008] FCA 1245, followed VFAB v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCA 872, 131 FCR 102, cited
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