Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZQVV v Minister for Immigration and Citizenship [2012] FCA 1471 Citation: SZQVV v Minister for Immigration and Citizenship [2012] FCA 1471
Appeal from: SZQVV v Minister for Immigration [2012] FMCA 154
Parties: SZQVV v MINISTER FOR IMMIGRATION AND CITIZENSHIP and REFUGEE REVIEW TRIBUNAL
File number: NSD 445 of 2012
Judge: FLICK J
Date of judgment: 21 December 2012
Catchwords: MIGRATION – Refugee Review Tribunal – jurisdiction – time limits – time within which to seek review of delegates decision – conduct of third parties – whether reliance on a third party who acts negligently or fraudulently in failing to seek review on claimant's behalf vitiates decision of Tribunal that it did not have jurisdiction – Migration Act 1958 (Cth) s 412 PRACTICE AND PROCEDURE – pro bono legal assistance – unrepresented appellant – provision of advice but no representation – inferences to be drawn
Legislation: Federal Court of Australia Act 1976 (Cth) s 24 Migration Act 1958 (Cth) s 412, 425 Federal Court Rules 2011 (Cth) r 4.12 35.13 Federal Magistrates Court Rules 2001 (Cth) r 44.12
Cases cited: Fernando v Minister for Immigration and Multicultural Affairs [2000] FCA 324, 97 FCR 407, applied SZFDE v Minister for Immigration and Citizenship [2007] HCA 35, 232 CLR 189, considered SZJMY v Minister for Immigration and Citizenship [2008] FCA 708, cited SZQVV v Minister for Immigration and Citizenship [2012] FCA 871, referred to SZQVV v Minister for Immigration [2012] FMCA 154, affirmed VEAN of 2002 v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCAFC 311, 133 FCR 570, cited
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