SZQFS v Minister for Immigration and Citizenship [2011] FCA 1244

FEDERAL COURT OF AUSTRALIA

SZQFS v Minister for Immigration and Citizenship [2011] FCA 1244 Citation: SZQFS v Minister for Immigration and Citizenship [2011] FCA 1244

Appeal from: SZQFS v Minister for Immigration and Citizenship [2011] FMCA 569

Parties: SZQFS v MINISTER FOR IMMIGRATION AND CITIZENSHIP AND ANOR

File number: NSD 1355 of 2011

Judge: FLICK J

Date of judgment: 3 November 2011

Catchwords: ADMINISTRATIVE LAW – no entitlement to free legal representation MIGRATION – refusal of protection visa – no appellable error – impermissible merits review – no failure to consider claims advanced – onus on claimant to present his claims – dearth of materials advanced for consideration - adverse findings as to credit PRACTICE AND PROCEDURE – failure of grounds of appeal to identify error on part of Federal Magistrate – appellate role of court

Legislation: Migration Act 1958 (Cth)

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 Bodenstein v Minister for Immigration and Citizenship [2009] FCA 50, cited Brehoi v Attorney-General of the Commonwealth of Australia [2000] FCA 1747, cited Chen v Minister for Immigration and Citizenship [2011] FCAFC 56, cited Commissioner of Taxation v La Rosa [2002] FCA 1036, 196 ALR 139, cited Dietrich v The Queen (1992) 177 CLR 292, considered Dranichnikov v Minister for Immigration and Multicultural Affairs [2003] HCA 26, 197 ALR 389, referred to Kioa v West [1985] HCA 81, 159 CLR 550, referred to Kopalapillai v Minister for Immigration and Multicultural Affairs (1998) 86 FCR 547, cited Minister for Immigration and Multicultural Affairs v Cho [1999] FCA 946, 92 FCR 315, cited Minister for Immigration and Multicultural Affairs, Re; Ex parte Durairajasingham [2000] HCA 1, 168 ALR 407, cited MZXFU v Minister for Immigration and Multicultural Affairs [2006] FCA 1593, cited NAHI v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 10, cited NART v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCA 1343, cited NBKT v Minister for Immigration and Multicultural Affairs [2006] FCAFC 195, 93 ALD 333, cited New South Wales v Canellis (1994) 181 CLR 309, referred to Nguyen v Minister for Immigration and Multicultural Affairs [2000] FCA 1265, 101 FCR 20, considered Poulet Frais Pty Ltd v Silver Fox Company Pty Ltd [2005] FCAFC 131, 220 ALR 211, referred to SBBF v Minister for Immigration and Multicultural and Indigenous Affairs [2002] FCAFC 358, cited SCAA v Minister for Immigration and Multicultural and Indigenous Affairs [2002] FCA 668, cited SGJB v Minister for Immigration and Multicultural and Indigenous Affairs [2002] FCA 1601, cited SZBEL v Minister for Immigration and Multicultural and Indigenous Affairs [2006] HCA 63, 228 CLR 152, referred to SZHTI v Minister for Immigration and Multicultural and Indigenous Affairs [2006] FCA 702, cited SZKIR v Minister for Immigration and Citizenship [2007] FCA 1786, cited SZKMG v Minister for Immigration and Citizenship [2008] FCA 1062, cited SZMOB v Minister for Immigration and Citizenship [2009] FCA 140, cited SZMPN v Minister for Immigration and Citizenship [2009] FCA 203, cited SZMSF v Minister for Immigration and Citizenship [2010] FCA 585, cited SZNOP v Minister for Immigration and Citizenship [2010] FCA 179, cited SZNUX v Minister for Immigration and Citizenship [2010] FCA 182, 114 ALD 123, cited SZOOM v Minister for Immigration and Citizenship [2011] FCA 152, cited SZORL v Minister for Immigration and Citizenship [2011] FCA 553, cited SZOUL v Minister for Immigration and Citizenship [2011] FCA 945, cited SZOXP v Minister for Immigration and Citizenship [2011] FCA 923, cited SZQFS v Minister for Immigration and Citizenship [2011] FMCA 569, cited VFAB v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCA 872, 131 FCR 102, cited