SZRAE v Minister for Immigration and Citizenship [2012] FCA 916

FEDERAL COURT OF AUSTRALIA

SZRAE v Minister for Immigration and Citizenship [2012] FCA 916 Citation: SZRAE v Minister for Immigration and Citizenship [2012] FCA 916

Appeal from: SZRAE v Minister for Immigration & Anor [2012] FMCA 409

Parties: SZRAE v MINISTER FOR IMMIGRATION AND CITIZENSHIP and PETER MCDERMOTT IN HIS CAPACITY AS INDEPENDENT MERITS REVIEWER

File number: NSD 832 of 2012

Judge: ROBERTSON J

Date of judgment: 29 August 2012

Catchwords: MIGRATION – appeal from Federal Magistrates Court – judicial review of recommendation of Independent Merits Reviewer to refuse protection visa – procedural fairness – further material provided to Reviewer on behalf of claimant after interview – whether Reviewer required to give claimant further opportunity to be heard – whether issues critical to decision not apparent – whether adverse conclusions not obviously open

Legislation: Migration Act 1958 (Cth) ss 36(2), 425 Federal Court Rules 2011 r 36.03

Cases cited: Commissioner for Australian Capital Territory Revenue v Alphaone Pty Ltd (1994) 49 FCR 576 referred to Kioa v West (1985) 159 CLR 550 cited Minister for Immigration and Citizenship v SZGUR (2011) 241 CLR 594 followed Minister for Immigration and Citizenship v SZKTI (2009) 238 CLR 489 followed Minister for Immigration and Citizenship v SZMOK (2009) 257 ALR 427; [2009] FCAFC 83 followed NAFF of 2002 v Minister for Immigration & Multicultural & Indigenous Affairs (2004) 221 CLR 1 discussed 1 Plaintiff M61/2010E v Commonwealth of Australia; Plaintiff M69/2010 v Commonwealth of Australia (2010) 243 CLR 319 applied SZBEL v Minister for Immigration & Multicultural & Indigenous Affairs (2006) 228 CLR 152 followed SZOZU v Minister for Immigration and Citizenship (2011) 123 ALD 61 followed 2 SZQDZ v Minister for Immigration and Citizenship (2012) 200 FCR 207 cited VHAP of 2002 v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 82 followed