SZRRN v Minister for Immigration and Citizenship [2014] FCA 77

FEDERAL COURT OF AUSTRALIA

SZRRN v Minister for Immigration and Citizenship [2014] FCA 77 Citation: SZRRN v Minister for Immigration and Citizenship [2014] FCA 77

Appeal from: SZRRN v Minister for Immigration and Citizenship & Anor [2013] FMCA 3

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

File number: NSD 195 of 2013

Judge: FARRELL J

Date of judgment: 17 February 2014

Catchwords: MIGRATION – application for judicial review – Federal Magistrates Court – Refugee Review Tribunal – Shouter sect of Christianity – failure of appellant to attend second tribunal hearing – decision of tribunal under s 426A of the Migration Act 1958 (Cth) – whether tribunal committed jurisdictional error – interaction of s 424A and s 424AA - meaning of "information" for the purposes of s 424A(1) – whether oral evidence of appellant at interview with delegate of first respondent was "reason or part of reason" for tribunal's decision – operation of s 424A(3)(ba) – whether there were "gaps, defects or lack of detail or specificity" present in material before Tribunal

Legislation: Migration Act 1958 (Cth) ss 426A, 424A, 424AA Migration Amendment (Review Provisions) Act 2007 (Cth)

Cases cited: Minister for Immigration and Citizenship v SZGUR (2011) 241 CLR 594 SXSB v Minister for Immigration and Citizenship [2007] FCA 319 SZBYR v Minister for Immigration and Citizenship (2007) 235 ALR 609 SZMCD v Minister for Immigration and Citizenship (2009) 174 FCR 415 SZMMP v Minister for Immigration & Citizenship (2009) 174 FCR 514 SZNSC v Minister for Immigration and Citizenship [2009] FCA 1436 SZQTB V Miniser for Immigration & Citizenship [2012] FMCA 32 SZRRN v Minister for Immigration [2013] FMCA 3 VAF v Minister for Immigration and Multicultural and Indigenous Affairs (2004) 206 ALR 471