Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZPAB v Minister for Immigration and Citizenship [2011] FCA 1253 Citation: SZPAB v Minister for Immigration and Citizenship [2011] FCA 1253
Appeal from: SZPAB v Minister for Immigration and Citizenship [2011] FMCA 439
Parties: SZPAB v MINISTER FOR IMMIGRATION AND CITIZENSHIP AND ANOR
File number: NSD 1095 of 2011
Judge: FLICK J
Date of judgment: 4 November 2011
Catchwords: MIGRATION – grounds of appeal impermissibly seeking merits review – need for credibility findings to be only made when appropriate – need for findings on material questions of fact – potential for jurisdictional error
Legislation: Federal Court Rules 2011 r 40.02(b) Migration Act 1958 (Cth) s 430
Cases cited: Abebe v Commonwealth of Australia [1999] HCA 14, 197 CLR 510, referred to Chen v Minister for Immigration and Citizenship [2011] FCAFC 56, cited Haritopoulos Pty Ltd v Deputy Commissioner of Taxation [2007] FCA 394, 66 ATR 225, referred to Minister for Immigration and Multicultural Affairs v Eshetu [1999] HCA 21, 197 CLR 611, referred to Minister for Immigration and Multicultural Affairs, Re; Ex parte Durairajasingham (2000) 168 ALR 407, referred to Minister for Immigration and Citizenship v SZMDS [2010] HCA 16, 240 CLR 611, referred to NAHI v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 10, referred to NAKF v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCA 730, 130 FCR 210, referred to Refugee Review Tribunal, Re; Ex parte H [2001] HCA 28, 179 ALR 425, referred to Visa Cancellation Applicant and Minister for Immigration and Citizenship, Re [2011] AATA 690, considered SCAS v Minister for Immigration and Multicultural and Indigenous Affairs [2002] FCAFC 397, referred to SZJHE v Minister for Immigration and Citizenship [2008] FCA 1771, cited SZMPN v Minister for Immigration and Citizenship [2009] FCA 203, cited SZOUL v Minister for Immigration and Citizenship [2011] FCA 945, cited SZOXP v Minister for Immigration and Citizenship [2011] FCA 923, cited SZOXR v Minister for Immigration and Citizenship [2011] FCA 897, 122 ALD 346, cited SZPAB v Minister for Immigration and Citizenship [2011] FMCA 439, cited
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