Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Minister for Immigration and Citizenship v SZQKB [2012] FCA 1189 Citation: Minister for Immigration and Citizenship v SZQKB [2012] FCA 1189
Appeal from: SZQKB v Minister for Immigration [2011] FMCA 1000
Parties: MINISTER FOR IMMIGRATION AND CITIZENSHIP v SZQKB and JOHN BLOUNT IN HIS CAPACITY AS INDEPENDENT MERITS REVIEWER
File number: NSD 75 of 2012
Judge: YATES J
Date of judgment: 30 October 2012
Catchwords: MIGRATION – refugee – offshore entry person – independent merits review – whether failure to notify claimant of reports relied upon was a denial of procedural fairness – whether failure to consider the "real chance" test – where correct test stated but not referred to in operative part of reasons
Legislation: Migration Act 1958 (Cth)
Cases cited: Applicant WAEE v Minister for Immigration and Multicultural and Indigenous Affairs (2003) 75 ALD 630 Applicants M1015/2003 v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 1309 Chen v Minister for Immigration and Citizenship [2011] FCAFC 56 Commissioner for Australian Capital Territory Revenue v Alphaone Pty Ltd (1994) 49 FCR 576 Dagli v Minister for Immigration and Multicultural and Indigenous Affairs (2003) 133 FCR 541 Minister for Immigration and Citizenship v SZGUR (2011) 241 CLR 594 Minister for Immigration and Citizenship v SZNPG (2010) 115 ALD 303 Minister for Immigration and Citizenship v SZQHH (2012) 200 FCR 223 Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 NAHI v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCAFC 10 NARV v Minister for Immigration and Multicultural and Indigenous Affairs (2003) 133 FCR 89 Plaintiff M61/2010E v The Commonwealth of Australia (2010) 243 CLR 319 Re Minister for Immigration and Multicultural Affairs; Ex parte "A" (2001) 185 ALR 489 Re Refugee Review Tribunal; Ex parte Aala (2000) 204 CLR 82 SBBS v Minister for Immigration and Multicultural and Indigenous Affairs (2002) 194 ALR 749 SZBEL v Minister for Immigration and Multicultural and Indigenous Affairs (2006) 228 CLR 152 Tuncok v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 1069 VHAP of 2002 v Minister for Immigration and Multicultural and Indigenous Affairs (2004) 80 ALD 559
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