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SZNKX v. Minister for Immigration and Citizenship and Anor
SZNKW v. Minister for Immigration and Citizenship and Anor

Case No. S321/2010;S322/2010
Case information

Lower Court Judgment

2/12/2009 Federal Court of Australia(Lander J)

[2009] FCA 1407 ;[2010] FCA 55

Catchwords

Immigration — Refugees — Review by Refugee Review Tribunal (“RRT”) — Applicants claimed to be homosexual couple — RRT received anonymous facsimile stating SZKNW’s claim to be homosexual “totally bogus” — Applicants advised of letter, but not given copy, at separate hearings before RRT — Letter included material particular to SZKNW, including passport number and departmental file number — Where applicants allege letter provided by disgruntled former migration agent — Whether RRT failed to comply with statutory requirement in s 424A of the Migration Act 1958 (Cth) (“the Act”) to provide clear particulars of letter by not providing copy of letter and failing to advise letter contained departmental file number — Whether s 424AA of the Act engaged — Migration Act 1958 (Cth) ss 424AA, 424A.

Documents

10/12/2010 Hearing (SLA, Sydney)

24/12/2010 Notice of appeal

07/02/2011 Written submissions & chronology (Appellant SZNKW)

07/02/2011 Written submissions & chronology (Appellant SZNKX)

06/04/2011 Consent

08/04/2011 Hearing (Full Court, Sydney) Appeal allowed by consent.