Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZTEX v Minister for Immigration and Border Protection [2014] FCA 1269 Citation: SZTEX v Minister for Immigration and Border Protection [2014] FCA 1269
Appeal from: SZTEX v Minister for Immigration & Anor [2014] FCCA 1881
Parties: SZTEX v MINISTER FOR IMMIGRATION AND BORDER PROTECTION and REFUGEE REVIEW TRIBUNAL
File number: NSD 859 of 2014
Judge: FLICK J
Date of judgment: 25 November 2014
Catchwords: ADMINISTRATIVE LAW – jurisdictional error – evidence – determination of weight of evidence by decision-maker – adverse findings as to credit PRACTICE AND PROCEDURE – appeals – jurisdiction of Federal Court – no grounds of appeal identifying error of Federal Circuit Court Judge – an appeal is not the occasion to review the reasons of the Refugee Review Tribunal ADMINISTRATIVE LAW – procedural fairness – difficulty of discerning procedural unfairness from reasons of the Refugee Review Tribunal
Legislation: Migration Act 1958 (Cth) s 36 Federal Court Rules 2011 (Cth) r 40.02
Cases cited: Abebe v Commonwealth [1999] HCA 14, (1999) 197 CLR 510, applied Chand v Minister for Immigration and Ethnic Affairs (unreported, Full Court of the Federal Court of Australia, 7 November 1997), applied Hamod v New South Wales [2011] NSWCA 375, cited Htun v Minister for Immigration and Multicultural Affairs [2001] FCA 1802, (2001) 194 ALR 244, cited Minister for Aboriginal Affairs v Peko-Wallsend Limited (1986) 162 CLR 24, applied Minister for Immigration and Ethnic Affairs v Guo (1997) 191 CLR 559, cited NAJT v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCAFC 134, (2005) 147 FCR 51, cited NBDY v Minister for Immigration & Multicultural Affairs [2006] FCAFC 145, cited Sathiyanathan v Minister for Immigration & Multicultural Affairs [2000] FCA 210, applied SCAA v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 668, followed SGJB v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 1601, followed SZLZM v Minister for Immigration & Citizenship [2008] FCA 1263, cited SZMSZ v Minister for Immigration and Citizenship [2009] FCA 877, cited SZMUF v Minister for Immigration and Citizenship [2009] FCA 182, cited SZORL v Minister for Immigration and Citizenship [2011] FCA 553, followed SZRUR v Minister for Immigration and Border Protection [2013] FCAFC 146, (2013) 216 FCR 445 cited SZTEX v Minister for Immigration & Anor [2014] FCCA 1881, affirmed Tickner v Chapman (1995) 57 FCR 451, considered
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