Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
AZAAY v Minister for Immigration and Citizenship [2011] FCA 493 Citation: AZAAY v Minister for Immigration and Citizenship [2011] FCA 493
Appeal from: AZAAY v Minister for Immigration & Anor [2010] FMCA 903
Parties: AZAAY v MINISTER FOR IMMIGRATION AND CITIZENSHIP and REFUGEE REVIEW TRIBUNAL
File number SAD 204 of 2010
Judge: BESANKO J
Date of judgment: 13 May 2011
Catchwords: MIGRATION — Appeal from decision of federal magistrate dismissing application for judicial review of decision of Refugee Review Tribunal — where Tribunal had affirmed decision of delegate of Minister not to grant protection visa to the appellant — appellant an Albanian national who claimed he and his family had been harassed and persecuted by police in Albania — where Tribunal rejected appellant as witness of truth — where appellant forwarded to Tribunal corroborating statement from person who lived in appellant's village in Albania — where statement did not contain contact details of its author and Tribunal considered there were verification difficulties — whether Tribunal rejected statement on basis of verification difficulties or because it rejected appellant as witness of credit — whether Tribunal had duty to inquire as to contact details of author of statement — whether contact details and authorship of statement were critical facts HELD: The federal magistrate had not erred in dismissing the application.
Legislation: Migration Act 1958 (Cth) s 5, s 414
Cases cited: AZAAY v Minister for Immigration and Anor [2010] FMCA 903, cited Khant v Minister for Immigration and Citizenship (2009) 112 ALD 241, cited Minister for Immigration and Citizenship v SZIAI [2009] HCA 39; (2009) 83 ALJR 1123; 259 ALR 429, cited Minister for Immigration and Citizenship v SZNSP (2010) 184 FCR 485, cited Re Minister for Immigration and Multicultural Affairs, Ex parte Applicant S20/2002 [2003] HCA 30; (2003) 77 ALJR 1165; 198 ALR 59, cited SZLGP v Minister for Immigration and Citizenship (2009) 181 FCR 113, cited
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate