Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZQYM v Minister for Immigration and Citizenship [2014] FCA 427 Citation: SZQYM v Minister for Immigration and Citizenship [2014] FCA 427
Appeal from: SZQYM v Minister for Immigration; SZQYN v Minister for Immigration [2012] FMCA 1116
Parties: SZQYM v MINISTER FOR IMMIGRATION AND CITIZENSHIP SZQYN v MINISTER FOR IMMIGRATION AND CITIZENSHIP
File number(s): NSD 5 of 2013 NSD 6 of 2013
Judge: FARRELL J
Date of judgment: 1 May 2014
Catchwords: MIGRATION – appeal from decision of Federal Magistrates Court – judicial review of decision of delegate – appellants North Korean nationals – whether appellants also South Korean citizens – whether protection visa applications invalidated by virtue of s 91P of the Migration Act 1958 (Cth) – jurisdictional fact – onus of proof – standard of proof – whether sufficient evidence to support judicial finding of citizenship EVIDENCE – receipt of expert evidence – leave sought to adduce new evidence on appeal – expert evidence concerning foreign law – discretionary considerations – utility of evidence – expense and delay – leave refused
Legislation: Evidence Act 1995 (Cth) Federal Circuit Court of Australia Amendment Act 2012 (Cth) Migration Act 1958 (Cth)
Cases cited: Briginshaw v Briginshaw (1938) 60 CLR 336 Brunetto v Collector of Customs (1984) 4 FCR 92 Corporation of the City of Enfield v Development Assessment Commission (2000) 199 CLR 135 Haque v Minister for Immigration and Citizenship (No 3) [2010] FCA 772 Industrial Equity Ltd v Deputy Commissioner of Taxation (1990) 170 CLR 649 Maroun v Minister for Immigration and Citizenship [2009] FCA 1284 Minister for Immigration and Citizenship v Le (2007) 164 FCR 151 Minister for Immigration and Citizenship v SZGUR (2011) 241 CLR 594 Minister for Immigration and Citizenship v SZLSP (2010) 187 FCR 362 Plaintiff M70/2011 v Minister for Immigration and Citizenship (2011) 244 CLR 144 R v Foster; Ex parte The Commonwealth Life (Amalgamated) Assurances Ltd (1952) 85 CLR 138 Re IBM Global Services Australia Ltd [2005] FCAFC 66 SZOAU v Minister for Immigration and Citizenship (2012) 199 FCR 448 SZOAU v Minister for Immigration and Citizenship [2011] FMCA 820 SZOUY & Ors v Minister for Immigration & Anor [2011] FMCA 347 SZQYM v Minister for Immigration; SZQYN v Minister for Immigration [2012] FMCA 1116 Twist v Randwick Municipal Council (1976) 136 CLR 106 Zubair v Minister for Immigration and Multicultural and Indigenous Affairs (2004) 139 FCR 344
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