Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZUIJ v Minister for Immigration and Border Protection [2016] FCA 1574 Appeal from: SZUIJ v Minister for Immigration & Anor [2016] FCCA 247
File number(s): NSD 348 of 2016
Judge(s): WIGNEY J
Date of judgment: 22 December 2016
Catchwords: MIGRATION – refusal of application for protection visa by a delegate of the Minister for Immigration and Border Protection – where Refugee Review Tribunal affirmed decision of the delegate – where Federal Circuit Court dismissed appellant's appeal – where appellant gave notice under s 426(2) of the Migration Act 1958 (Cth) that the Refugee Review Tribunal take oral evidence from witnesses – where some witnesses provided written statements which were submitted to the Refugee Review Tribunal – where appellant confirmed that evidence of witnesses would not deviate from written statements – where Tribunal Member indicated that a decision would be made on whether to take oral evidence during the course of the hearing – where Tribunal Member determined that oral evidence was not required – where adverse credit findings made – whether decision not to call evidence resulted in legal unfairness and a denial of procedural fairness, or breach of s 426(3) of the Migration Act 1958 (Cth)
Legislation: Migration Act 1958 (Cth), ss 36, 36(2), 91R(3), 425, 426(3)
Cases cited: CZBH v Minister for Immigration and Border Protection [2014] FCA 1023 Minister for Immigration and Border Protection v Eden (2016) 240 FCR 158 Minister for Immigration and Border Protection v Stretton (2016) 237 FCR 1 Minister for Immigration and Multicultural and Indigenous Affairs v Maltsin (2005) 88 ALD 304 Minister for Immigration and Citizenship v Li (2013) 249 CLR 332 Minister for Immigration and Border Protection v Singh (2014) 231 FCR 437 Minister for Immigration and Citizenship v SZIAI (2009) 111 ALD 15 SAAP v Minister for Immigration and Multicultural and Indigenous Affairs (2005) 228 CLR 294 SZVBB v Minister for Immigration and Border Protection [2015] FCA 1414 VJAF v Minister for Immigration & Multicultural and Indigenous Affairs [2005] FCAFC 178
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