Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZMYO v Minister for Immigration & Citizenship [2011] FCA 506 Citation: SZMYO v Minister for Immigration & Citizenship [2011] FCA 506
Appeal from: SZMYO v Minister for Immigration & Citizenship [2011] FMCA 963
Parties: SZMYO v MINISTER FOR IMMIGRATION AND CITIZENSHIP and REFUGEE REVIEW TRIBUNAL
File number: NSD 1 of 2011
Judge: GILMOUR J
Date of judgment: 17 May 2011
Catchwords: MIGRATION – appeal against dismissal of application to review Refugee Review Tribunal decision affirming denial of protection visa – Tribunal sent a letter pursuant to s 424A of the Migration Act 1958 (Cth) inviting the appellant to respond – appellant requested a full record of the Airport Interview – Tribunal provided a paraphrased summary of the airport interview – whether there was denial of procedural fairness – whether the Tribunal ought to have executed its power to initiate an investigation under s 427(1)(d) of the Act.
Legislation: Migration Act 1958 (Cth) ss 116, 424A, 424B, 424C, 425, 427(1)(d)
Cases cited: Applicant A v Minister for Immigration and Ethnic Affairs (1997) 142 ALR 331 Bushell v Repatriation Commission (1992) 175 CLR 408 Chen v Minister for Immigration & Multicultural Affairs (2000) 106 FCR 157 Clements v Independent Indigenous Advisory Committee (2003) 131 FCR 28 M164/2002 v Minister for Immigration & Multicultural & Indigenous Affairs (2006) FCAFC 16 Minister for Immigration & Citizenship v SZGUR (2011) 273 ALR 223 Minister for Immigration & Citizenship v SZIAI (2009) 259 ALR 429 Minister for Immigration & Multicultural & Indigenous Affairs v SGLB (2004) 78 ALJR 992 Percerep v Minister for Immigration & Multicultural Affairs (1998) 86 FCR 483 Re Minister for Immigration & Multicultural & Indigenous Affairs; Ex parte Applicants S134/2002 (2003) 211 CLR 441 SAAP v MIMA (2005) 215 ALR 162 SZNKO v Minister for Immigration & Citizenship (2010) 267 ALR 35 WAGP v Minister for Immigration & Multicultural & Indigenous Affairs (2006) 151 FCR 413
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