Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZTAD v Minister for Immigration and Border Protection [2014] FCA 1256 Citation: SZTAD v Minister for Immigration and Border Protection [2014] FCA 1256
Appeal from: SZTAD v Minister for Immigration and Border Protection & Anor [2014] FCCA 1812
Parties: SZTAD v MINISTER FOR IMMIGRATION AND BORDER PROTECTION and REFUGEE REVIEW TRIBUNAL
File number: NSD 898 of 2014
Judge: BROMBERG J
Date of judgment: 21 November 2014
Catchwords: MIGRATION – appeal from dismissal of application for judicial review – whether Federal Circuit Court failed to identify jurisdictional error in decision of Refugee Review Tribunal – whether scope of Tribunal's function is limited to responding to the case an applicant has advanced – whether principle in NABE v Minister for Immigration and Multicultural and Indigenous Affairs (2004) 144 FCR 1 is only applicable where Tribunal has failed to deal with a claim raised by an applicant and not applicable when Tribunal determines a claim never advanced – whether the evidence and material before the Tribunal raised a claim by the appellant to be a dependent of her mother – whether Tribunal failed to properly consider whether appellant was a dependent child of her mother in accordance with s 36(2)(b) of the Migration Act 1958 (Cth) – whether inference can be drawn that s 36(2)(b) criterion not considered where Tribunal's reasons lacked factual findings about material facts – appeal dismissed.
Legislation: Migration Act 1958 (Cth) ss 5(1), 36(2)(b), 430 Migration Regulations 1994 (Cth) regs 103, 105A, 1.12
Cases cited: SZTAD v Minister for Immigration & Border Protection & Anor [2014] FCCA 1812 NABE v Minister for Immigration and Multicultural and Indigenous Affairs (2004) 144 FCR 1 NAVK v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCA 1695 Minister for Immigration and Citizenship v SZRMA (2013) 2019 FCR 287 Alexander v Australian Community Pharmacy Authority (2010) 265 ALR 424
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