Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Minister for Immigration and Citizenship v MZYZA [2013] FCA 572 Citation: Minister for Immigration and Citizenship v MZYZA [2013] FCA 572
Appeal from: MZYZA v Minister for Immigration [2013] FMCA 15
Parties: MINISTER FOR IMMIGRATION AND CITIZENSHIP v MZYZA and REFUGEE REVIEW TRIBUNAL
File number: VID 86 of 2013
Judge: TRACEY J
Date of judgment: 14 June 2013
Catchwords: MIGRATION – Appeal from decision of Federal Magistrate – whether Federal Magistrate erred in finding that the Refugee Review Tribunal failed to consider certain evidence provided by first respondent – whether alleged failure to consider evidence constituted jurisdictional error – appeal upheld.
Legislation: Migration Act 1958 (Cth) – s 430
Cases cited: Addo v Minister for Immigration and Multicultural Affairs [1999] FCA 940 – cited Htun v Minister for Immigration and Multicultural Affairs (2001) 194 ALR 244 – cited Iyer v Minister for Immigration and Multicultural Affairs [2000] FCA 1788 – cited Minister for Aboriginal Affairs v Peko-Wallsend Ltd (1986) 162 CLR 24 – considered Minister for Immigration and Multicultural v SBAA [2002] FCAFC 195 – considered Minister for Immigration and Citizenship v SZGUR (2011) 241 CLR 594 – considered, applied Minister for Immigration and Multicultural Affairs v Yusuf (2001) 206 CLR 323 – considered, applied Minister for Immigration and Citizenship v MZYHS (2011) 119 ALD 534 – applied MZYZA v Minister for Immigration and Citizenship [2013] FMCA 15 – considered Paul v Minister for Immigration and Multicultural Affairs (2001) 113 FCR 396 – considered Re Minister for Immigration and Multicultural Affairs; Ex parte Durairajasingham (2000) 168 ALR 407 – referred to Reece v Webber (2011) 192 FCR 254 – referred to SXRB v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 1222 – applied SZDXZ v Minister for Immigration and Citizenship [2008] FCAFC 109 – considered, applied SZBYR v Minister for Immigration and Citizenship (2007) 235 ALR 609 – cited SZQGC v Minister for Immigration and Citizenship [2012] FCA 598 – considered WAFP v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCAFC 319 – considered, applied
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