SZOOM v Minister for Immigration and Citizenship [2011] FCA 152

FEDERAL COURT OF AUSTRALIA

SZOOM v Minister for Immigration and Citizenship [2011] FCA 152 Citation: SZOOM v Minister for Immigration and Citizenship [2011] FCA 152

Appeal from: SZOOM v Minister for Immigration and Citizenship [2010] FMCA 911

Parties: SZOOM v MINISTER FOR IMMIGRATION AND CITIZENSHIP AND ANOR

File number: NSD 1607 of 2010

Judge: FLICK J

Date of judgment: 25 February 2011

Catchwords: MIGRATION – responsibility of claimant to make out case – scant material provided in support of claim – failure to attend interview with delegate – failure to attend hearing before Tribunal – credibility

Legislation: Migration Act 1958 (Cth) s 425

Cases cited: Abebe v Commonwealth of Australia [1999] HCA 14, 197 CLR 510, considered Aporo v Minister for Immigration and Citizenship [2009] FCAFC 123, 113 ALD 46, cited B34 of 2003 v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 871, cited Dranichnikov v Minister for Immigration and Multicultural Affairs [2003] HCA 26, 197 ALR 389, considered Kioa v West [1985] HCA 81, 159 CLR 550, considered Minister for Immigration and Ethnic Affairs v Guo [1997] HCA 22, 191 CLR 559, considered Minister for Immigration and Citizenship v SZIAI [2009] HCA 39, 259 ALR 429, cited Minister for Immigration and Multicultural and Indigenous Affairs v VSAF [2005] FCAFC 73, cited NABE v Minister for Immigration and Multicultural and Indigenous Affairs (No 2) (2004) FCAFC 263, 144 FCR 1, considered NAST v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 208, cited NAVX v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 287, cited NBJA v Minister for Immigration and Multicultural and Indigenous Affairs [2006] FCA 1245, cited Randhawa v Minister for Immigration, Local Government and Ethnic Affairs (1994) 52 FCR 437, considered SAAP v Minister for Immigration and Multicultural and Indigenous Affairs [2005] HCA 24, 228 CLR 294, considered SGBB v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCA 709, 199 ALR 364, considered SZAIX v Minister for Immigration and Multicultural and Indigenous Affairs [2006] FCA 3, 150 FCR 448, cited SZBEL v Minister for Immigration and Multicultural and Indigenous Affairs [2006] HCA 63, 228 CLR 152, cited SZMPF v Minister for Immigration and Citizenship [2009] FCA 908, 111 ALD 412, cited SZOOM v Minister for Immigration and Citizenship [2010] FMCA 911, affirmed