BZAAG v Minister for Immigration and Citizenship [2011] FCA 217

FEDERAL COURT OF AUSTRALIA

BZAAG v Minister for Immigration and Citizenship [2011] FCA 217 Citation: BZAAG v Minister for Immigration and Citizenship [2011] FCA 217

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

File number: QUD 400 of 2010

Judge: LOGAN J

Date of judgment: 4 March 2011

Catchwords: PRACTICE AND PROCEDURE – non-appearance by applicant in the Federal Magistrates Court – judicial review application struck out – whether Court had jurisdiction to entertain application for leave to appeal Held: Court had jurisdiction to entertain application PRACTICE AND PROCEDURE – oaths and affirmations – form of oath for adherent to Sikh faith – whether impractical to administer any such oath – Evidence Act 1995 (Cth) ss 21, 23 and 24

Legislation: Evidence Act 1995 (Cth) ss 21, 23, 24 Federal Court of Australia Act 1976 (Cth) ss 4, 24 Judiciary Act 1903 (Cth) s 79 Migration Act 1958 (Cth) s 426A Oaths Act 1867 (Qld) s 39 Federal Court Rules O 52 r 5 Federal Magistrates Court Rules r 13.03C(1)(c) Migration Regulations 1994 (Cth)

Cases cited: Brown v Fraser (1896) 22 VLR 22 cited Crotty v Clark (1896) 22 VLR 594 considered Minister for Immigration and Ethnic Affairs v Guo (1997) 191 CLR 559 followed MZWXC v Minister for Immigration and Multicultural and Indigenous Affairs [2006] FCA 172 cited R v Moore (1892) 8 TLR 287 considered R v Pritam Singh [1958] 1 All ER 199 considered SZOBU v Minister for Immigration and Citizenship [2010] FCA 568 cited VOAQ v Minister for Immigration and Multicultural and Indigenous Affairs (2005) 224 ALR 460 not followed Weinberg M, "Law of Testimonial Oaths and Affirmations" (1976) 3(1) Monash University Law Review 25 "Oaths of Hindu, Sikh and Mohammedan Witnesses" [1972] 136 JP 831