SZQVM v Minister for Immigration and Citizenship [2013] FCA 5

FEDERAL COURT OF AUSTRALIA

SZQVM v Minister for Immigration and Citizenship [2013] FCA 5 Citation: SZQVM v Minister for Immigration and Citizenship [2013] FCA 5

Appeal from: SZQVM v Minster for Immigration & Anor [2012] FMCA 416

Parties: SZQVM v MINISTER FOR IMMIGRATION AND CITIZENSHIP and REFUGEE REVIEW TRIBUNAL

File number: NSD 919 of 2012

Judge: LANDER J

Date of judgment: 15 January 2013

Catchwords: MIGRATION – appeal from order of Federal Magistrate dismissing application for judicial review of a decision of the Refugee Review Tribunal to affirm decision not to grant protection visa – whether Tribunal erred in placing no weight upon evidence of two emails received by appellant asserting risk of harm to appellant should appellant return to originating country, due to emails containing hearsay – whether Tribunal had opportunity to test evidence of emails and verify authenticity – whether Tribunal should and did so test – whether Federal Magistrate erred in finding evidence of emails was not in Tribunal's possession prior to Tribunal hearing – whether Tribunal erred in placing little weight on evidence of witness, due to evidence containing hearsay – discussion of constitution, powers, operation, and treatment of evidence, by Tribunal PRACTICE AND PROCEDURE – notice of contention sought to be filed beyond time limit prescribed by r 36.24 of the Federal Court Rules 2011 – where no explanation given for model litigant's failure to comply with rules

Legislation: Evidence Act 1995 (Cth), ss 59, 60, 62, 63, 64 Federal Court Rules 2011, r 36.24 Migration Act 1958 (Cth), ss 36, 47, 65, 91R, 411, 414, 415, 420, 424, 425, 427, 428, 429A, 430, 496 Prison Act (Fiji)