SZOJQ v Minister for Immigration and Citizenship [2010] FCA 1199

FEDERAL COURT OF AUSTRALIA

SZOJQ v Minister for Immigration and Citizenship [2010] FCA 1199 Citation: SZOJQ v Minister for Immigration and Citizenship [2010] FCA 1199

Appeal from: SZOJQ v Minister for Immigration & Anor [2010] FMCA 493

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

File number(s): NSD 962 of 2010

Judge: GREENWOOD J

Date of judgment: 5 November 2010

Catchwords: MIGRATION – consideration of an appeal raising grounds that the Federal Magistrates Court erred in dismissing the appellant's application for review when it failed to receive into evidence advice received by the appellant from counsel under the Federal Magistrates Court's legal advice scheme which the appellant sought to tender thus waiving legal professional privilege attaching to the advice – consideration of whether the Refugee Review Tribunal ought to have made inquiries into particular claims of the appellant – consideration of whether the Tribunal failed to discharge an obligation arising under s 424A(1) of the Migration Act 1958 (Cth)

Legislation: Migration Act 1958 (Cth)

Cases cited: SZNVA v Minister for Immigration and Citizenship [2009] FMCA 109 - cited Minister for Immigration and Citizenship v SZIAI [2009] HCA 39 - cited Minister for Immigration and Multicultural and Indigenous Affairs v SGLB (2004) 207 ALR 12 - cited Minister for Immigration and Citizenship v SZIAI and Anor (2009) 259 ALR 429 – cited and quoted Minister for Immigration and Citizenship v SZNVW and Anor [2010] FCAFC 41; (2010) 183 FCR 575 - cited SZYBR v Minister for Immigration and Citizenship [2007] HCA 26; (2007) 235 ALR 609 - cited VAF v Minister for Immigration and Multicultural and Indigenous Affairs (2004) 206 ALR 471 - cited NAJT v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCAFC 134; (2005) 147 FCR 51 – cited