Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZQOS v Minister for Immigration and Citizenship [2012] FCA 982 Citation: SZQOS v Minister for Immigration and Citizenship [2012] FCA 982
Appeal from: SZQOS v Minister for Immigration & Anor [2012] FMCA 262
Parties: SZQOS v MINISTER FOR IMMIGRATION AND CITIZENSHIP and REFUGEE REVIEW TRIBUNAL
File number: NSD 530 of 2012
Judge: COWDROY J
Date of judgment: 7 September 2012
Catchwords: MIGRATION – review of Migration Review Tribunal decision – appellant seeking protection visa on the basis of political persecution – appellant providing letters from party officials supporting his claim – Tribunal requesting DFAT to obtain information regarding the letters – letter writers deny writing letters – appellant asked to comment – appellant provides further letters in support – whether Tribunal required to obtain information under oath – whether Tribunal required to give further opportunity to appellant to comment – interaction between ss 424 and 427 Migration Act 1958 – Tribunal can receive information instead of taking evidence on oath – Tribunal not obliged to give further opportunity to comment – appeal dismissed
Legislation: Acts Interpretation Act 1901 (Cth) s 33 Migration Act 1958 (Cth) ss 353, 370, 371 424, 424A, 424C, 427, 428, 429A, 441A Public Service Act 1999 (Cth)
Cases cited: Minister for Immigration & Citizenship v SZGUR (2011) 241 CLR 594 Minister for Immigration & Citizenship v SZIAI (2009) 259 ALR 429 Minister for Immigration & Citizenship v SZKTI (2009) 238 CLR 489 SZQOS v Minister for Immigration and Citizenship & Anor [2012] FMCA 262
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