SZRLO v Minister for Immigration and Citizenship [2013] FCA 825

FEDERAL COURT OF AUSTRALIA

SZRLO v Minister for Immigration and Citizenship [2013] FCA 825 Citation: SZRLO v Minister for Immigration and Citizenship [2013] FCA 825

Appeal from: SZRLO v Minister for Immigration & Anor [2013] FMCA 107

Parties: SZOXK AS LITIGANT GUARDIAN OF SZRLO v MINISTER FOR IMMIGRATION AND CITIZENSHIP and REFUGEE REVIEW TRIBUNAL

File number: NSD 431 of 2013

Judge: BARKER J

Date of judgment: 15 August 2013

Catchwords: MIGRATION – appellant unregistered "black child" born out of wedlock and in breach of China's family planning legislation – whether Tribunal committed jurisdictional error in failing to "have regard to" information that local government may refuse to register appellant – whether Tribunal committed jurisdictional error in failing to consider "component integer" of appellant's claim – whether Tribunal committed jurisdictional error in failing to take into account relevant consideration

Legislation: Migration Act 1958 (Cth) s 109(1), s 414, s 424(1),

Cases cited: Applicant WAEE v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCAFC 184; (2003) 75 ALD 630 Dranichnikov v Minister for Immigration and Citizenship [2003] HCA 26; (2003) 73 ALD 321 Htun v Minister for Immigration and Multicultural Affairs [2001] FCA 1802; (2001) 194 ALR 244 Lee v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 464 Minister for Aboriginal Affairs v Peko-Wallsend Ltd (1986) 162 CLR 24 Minister for Immigration and Citizenship v Khadgi [2010] FCAFC 145; (2010) 190 FCR 248 Minister for Immigration and Citizenship v MZYHS [2011] FCA 53; (2011) 119 ALD 534 Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 NABE v Minister for Immigration and Multicultural and Indigenous Affairs (No 2) [2004] FCAFC 263; (2004) 144 FCR 1 NAJT v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCAFC 134; (2005) 147 FCR 51 Paul v Minister for Immigration and Multicultural Affairs [2001] FCA 1196; (2001) 113 FCR 396 Plaintiff M61/2010E v Commonwealth [2010] HCA 41; (2010) 243 CLR 319 Singh v Minister for Immigration and Multicultural Affairs [2001] FCA 389; (2001) 109 FCR 152 SZRBX v Minister for Immigration and Anor [2012] FMCA 1197 SZRLO v Minister for Immigration & Anor [2013] FMCA 107 WZAQU v Minister for Immigration and Citizenship [2013] FCA 327