SZRRM v Minister for Immigration, Multicultural Affairs and Citizenship [2013] FCA 809

FEDERAL COURT OF AUSTRALIA

SZRRM v Minister for Immigration, Multicultural Affairs and Citizenship [2013] FCA 809 Citation: SZRRM v Minister for Immigration, Multicultural Affairs and Citizenship [2013] FCA 809

Appeal from: SZRRM v Minister for Immigration &Anor [2013] FCCA 263

Parties: SZRRM v MINISTER FOR IMMIGRATION, MULTICULTURAL AFFAIRS AND CITIZENSHIP and REFUGEE REVIEW TRIBUNAL

File number: NSD 753 of 2013

Judge: KATZMANN J

Date of judgment: 13 August 2013

Catchwords: MIGRATION – Refugees – protection visa – appeal from Federal Magistrates Court – whether federal magistrate erred – inconsistencies in evidence – adverse findings by Refugee Review Tribunal on credibility leading tribunal to conclude that documents submitted by appellant were entitled to no weight – whether jurisdictional error in approach to assessment of credibility - whether denial of procedural fairness – whether appellant put on notice that authenticity of documents in issue – powers and functions of RRT – whether tribunal should have carried out further investigations or invited witness to give information – no general duty to inquire – Migration Act 1958 (Cth).

Legislation: Migration Act 1958 (Cth) ss 36, 91R, 425, 474

Cases cited: Attorney-General for the State of NSW v Quin (1990) 170 CLR 1 Commissioner of Taxation v Glennan (1990) 90 FCR 538 Minister for Immigration and Multicultural and Indigenous Affairs v SGLB (2004) 78 ALJR 992; [2004] HCA 32 Minister for Immigration and Citizenship v SZIAI(2009) 83 ALJR 1123; [2009] HCA 39 Minister for Immigration & Citizenship v SZMDS(2010) 240 CLR 611 Minister for Immigration and Citizenship v SZNSP (2010) 184 FCR 485 NADH v Minister for Immigration and Multicultural and Indigenous Affairs(2004) 214 ALR 264; [2004] FCAFC 328 Plaintiff S157/2002 v The Commonwealth of Australia(2003) 211 CLR 476 SZBEL v Minister for Immigration and Multicultural and Indigenous Affairs (2006) 228 CLR 152 SZLMB v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 129 WACO v Minister for Immigration and Multicultural and Indigenous Affairs (2003) 131 FCR 511 Re Minister for Immigration and Multicultural Affairs; Ex parte Applicant S20/2002 (2003) 198 ALR 59; 73 ALD 1; [2003] HCA 30 VUAX v Minister for Immigration & Multicultural Affairs [2004] FCAFC 158 WAGU v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 912 WAJQ v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCA 1580