SZRCI v Minister for Immigration and Citizenship (No 2) [2012] FCA 1291

FEDERAL COURT OF AUSTRALIA

SZRCI v Minister for Immigration and Citizenship (No 2) [2012] FCA 1291 Citation: SZRCI v Minister for Immigration and Citizenship (No 2) [2012] FCA 1291

Appeal from: SZRCI v Minister for Immigration [2012] FMCA 343

Parties: SZRCI v MINISTER FOR IMMIGRATION AND CITIZENSHIP and RON WITTON IN HIS CAPACITY AS INDEPENDENT MERITS REVIEWER

File number: NSD 662 of 2012

Judge: FLICK J

Date of judgment: 21 November 2012

Catchwords: ADMINISTRATIVE LAW – judicial review – procedural fairness – hearing rule – obligation to disclose material relied upon by decision maker – whether material available to decision maker – whether material relied upon by decision maker – whether any evidentiary basis for findings made ADMINISTRATIVE LAW – judicial review – procedural fairness – onus of proof – whether applicant has proved breach of procedural fairness obligations EVIDENCE – relevance – relevance of additional evidence in judicial review applications – availability of Jones v Dunkel inference

Cases cited: Attorney-General (NSW) v Quin (1990) 170 CLR 1, cited Attorney-General (NT) v Minister for Aboriginal Affairs (1989) 23 FCR 536, cited Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321, cited Australian Retailers Association v Reserve Bank of Australia [2005] FCA 1707, 148 FCR 446, applied Dunghutti Elders Council (Aboriginal Corporation) RNTBC v Registrar of Aboriginal and Torres Strait Islander Corporations [2011] FCAFC 8, 195 FCR 318 GTE (Aust) Pty Ltd v Brown (1986) 14 FCR 309, applied Hendy v Repatriation Commission [2002] FCA 602, 72 ALD 112, cited Jones v Dunkel (1959) 101 CLR 298, cited Lek v Minister for Immigration, Local Government and Ethnic Affairs (1993) 43 FCR 100, applied McCormack v Commissioner of Taxation [2001] FCA 1700, 114 FCR 574 , cited Minister for Immigration and Citizenship v SZQHH [2012] FCAC 45, 200 FCR 223, referred to Morley v Australian Securities and Investments Commission [2010] NSWCA 331, 247 FLR 140, cited R v District Court of the Metropolitan District Holden at Sydney; Ex parte White (1966) 116 CLR 644, cited Sagar v O'Sullivan [2011] FCA 182, 193 FCR 311, cited SZJBD v Minister for Immigration and Citizenship [2008] FCA 922, 102 ALD 622, followed SZRCI v Minister for Immigration [2012] FMCA 343, affirmed SZRCI v Minister for Immigration and Citizenship [2012] FCA 965, referred to Theo Holdings Pty Ltd v Hockey [2000] FCA 665, 99 FCR 232, cited VAAD v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCAFC 117, applied