SZROQ v Minister for Immigration, Multicultural Affairs and Citizenship [2013] FCA 833

FEDERAL COURT OF AUSTRALIA

SZROQ v Minister for Immigration, Multicultural Affairs and Citizenship [2013] FCA 833 Citation: SZROQ v Minister for Immigration, Multicultural Affairs and Citizenship [2013] FCA 833

Appeal from: SZROQ v Minister for Immigration and Citizenship [2013] FCCA 424

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

File number: NSD 946 of 2013

Judge: FARRELL J

Date of judgment: 16 August 2013

Catchwords: MIGRATION – judicial review – Refugee Review Tribunal – Federal Circuit Court – impermissible merits review – whether obligation to provide a second hearing – no obligation to provide particulars of country information

Legislation: Migration Act 1958 (Cth) ss 36(2), 65, 91R, 424A, 425 Federal Court Rules 2011 (Cth) schedule 3

Cases cited: Dranichnikov v Minister for Immigration and Multicultural Affairs (2003) 73 ALD 321 Re Minister for Immigration and Multicultural Affairs; Ex parte Durairajasingham (2000) 58 ALD 609 Minister for Immigration and Citizenship v SZIAI (2009) 111 ALD 15 Minister for Immigration and Citizenship v SZMOK (2009) 110 ALD 15 Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 Minister for Immigration and Multicultural and Indigenous Affairs v SGLB (2004) 78 ALD 224 NABE v Minister for Immigration and Multicultural and Indigenous Affairs (No 2) (2004) 144 FCR 1 NAFF v Minister for Immigration and Multicultural and Indigenous Affairs (2004) 221 CLR 1 NAMJ v Minister for Immigration and Multicultural and Indigenous Affairs (2003) 76 ALD 56 SZROQ v Minister for Immigration & Anor [2013] FCCA 424