Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZSHV v Minister for Immigration and Border Protection [2014] FCA 253 Citation: SZSHV v Minister for Immigration and Border Protection [2014] FCA 253
Appeal from: SZSHV v Minister for Immigration & Anor [2013] FCCA 1474
Parties: SZSHV v MINISTER FOR IMMIGRATION AND BORDER PROTECTION and REFUGEE REVIEW TRIBUNAL
File number: NSD 2146 of 2013
Judge: FLICK J
Date of judgment: 21 March 2014
Catchwords: MIGRATION – onus of proof before Tribunal – no "onerous standard of proof" applied – adverse findings as to credit – impermissible merits review ADMINISTRATIVE LAW – onus of proof – failure to genuinely consider claims made – judicial scrutiny of findings as to credit – merits review PRACTICE AND PROCEDURE – application for leave to amend – expedient in the interests of justice – leave refused
Legislation: Migration Act 1958 (Cth) ss 36, 91R Federal Court of Australia Act 1976 (Cth) s 37N
Cases cited: Anderson v Director-General of the Department of Environmental and Climate Change [2008] NSWCA 337, (2008) 251 ALR 633 Barro Group Pty Ltd v Brimbank City Council [2012] VSC 154 Bat Advocacy New South Wales Inc v Minister for Environment Protection, Heritage and the Arts [2011] FCA 113, (2011) 179 LGERA 458 Bat Avocacy NSW Inc v Minister for Environment Protection, Heritage and the Arts [2011] FCAFC 59, (2011) 180 LGERA 99 Commissioner of Taxation v Pham [2013] FCA 579, (2013) 60 AAR 264 CSR Ltd v Della Maddalena [2006] HCA 1, (2006) 80 ALJR 458 Dranichnikov v Minister for Immigration and Multicultural Affairs (2003) 73 ALD 321, (2003) 77 ALJR 1088 Fox v Percy [2003] HCA 22, (2003) 214 CLR 118 Goodrich Aerospace Pty Ltd v ARSIC [2006] NSWCA 187, (2006) 66 NSWLR 186 Khan v Minister for Immigration and Ethnic Affairs (1987) 14 ALD 291 Minister for Immigration and Citizenship v SZIAI [2009] HCA 39, (2009) 83 ALJR 1123 Minister for Immigration and Citizenship v SZJSS [2010] HCA 48, (2010) 243 CLR 164 Minister for Immigration and Citizenship v SZRKT [2013] FCA 317, (2013) 212 FCR 99 Minister for Immigration and Multicultural Affairs v Anthonypillai [2001] FCA 274, (2001) 106 FCR 426 MZYWL v Minister for Immigration, Multicultural Affairs and Citizenship [2013] FCA 895 New Zealand Fishing Industry Association Inc v Minister of Agriculture and Fisheries [1988] 1 NZLR 544 Nguyen v Migration Review Tribunal [2008] FCA 524 Re Minister for Immigration and Multicultural Affairs; Ex parte Durairajasingham [2000] HCA 1, (2000) 168 ALR 407 Ren v Jiang [2014] NSWCA 1 SZEOQ v Minister for Immigration and Citizenship [2008] FCA 257 SZKMS v Minister for Immigration and Citizenship [2008] FCA 499 SZKQQ v Minister for Immigration and Citizenship [2008] FCA 242 SZLGP v Minister for Immigration and Citizenship [2009] FCA 1470, (2009) 181 FCR 113 SZNOX v Minister for Immigration and Citizenship [2009] FCA 1233 SZQGC v Minister for Immigration and Citizenship [2012] FCA 598, (2012) 128 ALD 338 SZRUI v Minister for Immigration, Multicultural Affairs and Citizenship [2013] FCAFC 80 SZSHV v Minister for Immigration & Anor [2013] FCCA 1474 VUAX v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 158 Williams v Minister for the Environment and Heritage [2003] FCA 535, (2003) 74 ALD 124 Ye v Minister of Immigration [2009] 2 NZLR 596 Kneebone S, "The Refugee Review Tribunal and the Assessment of Credibility: an Inquisitorial Role?" (1985) 5 A J Admin L 78
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