SZQMZ v Minister for Immigration and Citizenship [2012] FCA 1005

FEDERAL COURT OF AUSTRALIA

SZQMZ v Minister for Immigration and Citizenship [2012] FCA 1005 Citation: SZQMZ v Minister for Immigration and Citizenship [2012] FCA 1005

Appeal from: SZQMZ v Minister for Immigration and Citizenship & Anor [2012] FMCA 161

Parties: SZQMZ v MINISTER FOR IMMIGRATION AND CITIZENSHIP and REFUGEE REVIEW TRIBUNAL

File number: NSD 438 of 2012

Judge: COWDROY J

Date of judgment: 13 September 2012

Catchwords: MIGRATION – appellant and appellant's sister apply for protection visa – Tribunal constituted by same member hears and considers both applications – whether apprehension of bias because of Tribunal's findings as to credibility – whether apprehension of bias because of similarity in Tribunal's reasoning in both decisions – whether s 424A Migration Act 1958 (Cth) required Tribunal to put statements made by the appellant's sister in her hearing to the appellant – appeal dismissed

Legislation: Convention relating to the status of Refugees 1951 Migration Act 1958 (Cth) ss 424A, 424AA

Cases cited: Applicant WAEE v Minister for Immigration and Citizenship (2003) 75 ALD 630 Briginshaw v Briginshaw (1938) 60 CLR 336 G v H (1994) 181 CLR 387 Laws v Australian Broadcasting Tribunal (1990) 170 CLR 70 Michael Wilson & Partners Limited v Nicholls (2011) 244 CLR 427 Minister for Immigration and Citizenship v SZQHH (2012) 200 FCR 223 Minister for Immigration and Multicultural Affairs v Yusuf (2001) 206 CLR 323 Re JRL; Ex parte CJL (1986) 161 CLR 342 Re Refugee Review Tribunal; Ex parte H (2001) 179 ALR 425 SAAP v Minister for Immigration and Multicultural and Indigenous Affairs (2005) 228 CLR 294 SZQMZ v Minister for Immigration and Citizenship & Anor [2012] FMCA 161