Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
MZYSU v Minister for Immigration and Citizenship [2012] FCA 1073 Citation: MZYSU v Minister for Immigration and Citizenship [2012] FCA 1073
Appeal from: MZYSU v Minister for Immigration and Citizenship [2012] FMCA 449
Parties: MZYSU v MINISTER FOR IMMIGRATION AND CITIZENSHIP and GRAHAM MCDONALD IN HIS CAPACITY AS INDEPENDENT MERITS REVIEWER
File number: VID 430 of 2012
Judge: DODDS-STREETON J
Date of judgment: 28 September 2012
Catchwords: MIGRATION – whether discretion to withhold relief due to appellant's bad faith properly exercised – appellant told lies which he voluntarily corrected prior to application for refugee status assessment – whether discretion exercised on basis of fundamental factual errors – whether discretion miscarried absent factual error – whether denial of procedural fairness where discretionary withholding of relief was not sought by first respondent but raised by Federal Magistrate during reply – whether an "independent and unimpeachable basis" for recommendation of independent merits reviewer.
Legislation: Federal Court of Australia Act 1976 (Cth), s 27 Migration Act 1958 (Cth), s 441G
Cases cited: Abebe v Commonwealth of Australia (1999) 197 CLR 510 cited House v R (1936) 55 CLR 499 cited Minister for Immigration and Citizenship v Lu (2010) 189 FCR 525 considered NASB v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 24 considered NAWZ v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 199 considered R v Ross-Jones; Ex parte Green (1984) 156 CLR 185 considered Re Refugee Review Tribunal and Another; Ex Parte Aala (2000) 204 CLR 82 considered Reece v Webber (2011) 192 FCR 254 considered SAAP v Minister for Immigration and Multicultural and Indigenous Affairs (2005) 228 CLR 294 considered Sobey v Nicol (2007) 245 ALR 389 considered SZFDE v Minister for Immigration and Citizenship (2007) 232 CLR 189 considered SZIZO v Minister for Immigration and Citizenship (2008) 172 FCR 152 considered SZLHP v Minister for Immigration and Citizenship (2008) 172 FCR 170 considered SZQBN v Minister for Immigration and Citizenship [2011] FMCA 408 cited SZQBN v Minister for Immigration and Citizenship [2011] FCA 1182 considered The King against Commonwealth Court of Conciliation and Arbitration; Ex parte Ozone Theatres (Aust.) Ltd. (1949) 78 CLR 389 considered
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