SZUXO v Minister for Immigration and Border Protection [2016] FCA 1399

FEDERAL COURT OF AUSTRALIA

SZUXO v Minister for Immigration and Border Protection [2016] FCA 1399 Appeal from: SZUXO v Minister for Immigration & Anor [2016] FCCA 1811

File number: NSD 1299 of 2016

Judge: KATZMANN J

Date of judgment: 23 November 2016

Catchwords: MIGRATION — application for protection visa — whether primary judge erred in failing to find that Tribunal did not comply with s 424A of the Migration Act 1958 (Cth) — where Tribunal relied on decision records in previous visa applications in which appellant failed to mention, when relevant, claims put forward in application for protection visa — whether previous decision records "information" within the meaning of s 424A — effect of statement by Tribunal that these records, among other things, "would be, depending on how I assess your case, the reason or part of the reason for affirming the delegate's decision not to grant you a protection visa"

Legislation: Migration Act 1958 (Cth) ss 65(1), 36(2)(a), 36(2)(aa), 36(2A), 359A, 422B, 424AA, 424A, 425, 441A

Cases cited: Kaur v Minister for Immigration and Border Protection [2016] FCA 132 Minister for Immigration and Border Protection v SZTJF [2015] FCA 1052 Minister for Immigration and Border Protection v SZTJF [2015] FCA 1052; 149 ALD 552 Minister for Immigration and Citizenship v SZLFX (2009) 238 CLR 507 MZXBQ v Minister for Immigration and Citizenship (2008) 166 FCR 483 SAAP v Minister for Immigration and Multicultural and Indigenous Affairs (2005) 228 CLR 294 SZBYR v Minister for Immigration and Citizenship [2007] HCA 26; 235 ALR 609 SZGIY v Minister for Immigration and Citizenship [2008] FCAFC 68 SZJBD v Minister for Immigration and Citizenship (2009) 179 FCR 109 SZTGV v Minister for Immigration and Border Protection (2015) 229 FCR 90 SZTNL v Minister for Immigration and Border Protection (2015) 231 FCR 204 VAF v Minister for Immigration and Multicultural and Indigenous Affairs (2004) 236 FCR 549