Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZQZK v Minister for Immigration and Citizenship [2012] FCA 1229 Citation: SZQZK v Minister for Immigration and Citizenship [2012] FCA 1229
Appeal from: SZQZK v Minister for Immigration & Anor [2012] FMCA 490
Parties: SZQZK v MINISTER FOR IMMIGRATION AND CITIZENSHIP and MARA MOUSTAFINE IN HER CAPACITY AS INDEPENDENT MERITS REVIEWER
File number: NSD 915 of 2012
Judge: ROBERTSON J
Date of judgment: 9 November 2012
Catchwords: MIGRATION – appeal from Federal Magistrates Court – judicial review of recommendation of Independent Merits Reviewer to refuse protection visa – procedural fairness – whether failure to put adverse conclusions to appellant – whether conclusions not obviously open on known material – whether material credible, relevant and significant – discretion to grant relief – whether separate or independent finding to sustain reviewer's determination
Legislation: Migration Act 1958 (Cth) s 36(2)
Cases cited: Applicant VEAL of 2002 v Minister for Immigration and Multicultural and Indigenous Affairs (2005) 225 CLR 88 applied Commissioner for ACT Revenue v Alphaone Pty Ltd (1994) 49 FCR 576 applied SZBEL v Minister for Immigration & Multicultural & Indigenous Affairs (2006) 228 CLR 152 applied WAGU v Minister for Immigration and Indigenous and Multicultural Affairs [2003] FCA 912 distinguished
Date of hearing: 6 November 2012
Place: Sydney
Division: GENERAL DIVISION
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