Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZPZH v Minister for Immigration and Citizenship [2011] FCA 960 Citation: SZPZH v Minister for Immigration and Citizenship [2011] FCA 960
Appeal from: SZPZH v Minister for Immigration & Anor [2011] FMCA 407
Parties: SZPZH v MINISTER FOR IMMIGRATION AND CITIZENSHIP AND MIGRATION REVIEW TRIBUNAL
File number: NSD 998 of 2011
Judge: ROBERTSON J
Date of judgment: 18 August 2011
Catchwords: MIGRATION - whether the Migration Review Tribunal erred in finding the visa applicant's intention to only visit Australia was not genuine – review applicant was the daughter of the visa applicant – whether s 360(1) required the Tribunal to invite the visa applicant to attend a hearing – whether denial of procedural fairness - appeal dismissed
Legislation: Migration Act 1958 (Cth) ss 338, 347, 348, 359, 360 Migration Regulations 1994 (Cth) cl 676.211
Cases cited: Coco v The Queen (1994) 179 CLR 427 distinguished Minister for Aboriginal Affairs v Peko-Wallsend Ltd (1986) 162 CLR 24 cited Minister for Immigration and Citizenship v SZGUR (2011) 241 CLR 594 applied SZBEL v Minister for Immigration and Multicultural and Indigenous Affairs (2006) 228 CLR 152 distinguished
Date of hearing: 18 August 2011
Place: Sydney
Division: GENERAL DIVISION
Category: Catchwords
Number of paragraphs: 40
Counsel for the Appellant: Mr P Charman
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