Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZOMU v Minister for Immigration and Citizenship [2011] FCA 140 Citation: SZOMU v Minister for Immigration and Citizenship [2011] FCA 140
Appeal from: SZOMU v Minister for Immigration & Anor [2010] FMCA 837
Parties: SZOMU v MINISTER FOR IMMIGRATION AND CITIZENSHIP and REFUGEE REVIEW TRIBUNAL
File number: NSD 1636 of 2010
Judge: LANDER J
Date of judgment: 23 February 2011
Catchwords: MIGRATION – appeal from Federal Magistrate – judicial review – whether Refugee Review Tribunal committed jurisdictional error. MIGRATION – appellant's father acting as litigation guardian – whether validly appointed under O 43 r 1 of the Federal Court Rules 1979 (Cth). MIGRATION – appellant an infant – whether infant capable of having subjective fear of persecution – whether parents' subjective fear can be imputed to infant.
Legislation: Federal Court Rules 1979 (Cth) O 43 r 1 Migration Act 1958 (Cth) s 425
Cases cited: Chan v Minister for Immigration and Ethnic Affairs (1989) 169 CLR 379 cited Chen Shi Hai v Minister for Immigration and Multicultural Affairs (2000) 201 CLR 293 cited Minister for Immigration and Multicultural Affairs v Chen (1999) 92 FCR 333 followed
Date of hearing: 15 & 18 February 2011
Place: Adelaide (heard in Sydney)
Division: GENERAL DIVISION
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