FEDERAL COURT OF AUSTRALIA

SZAJC v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCA 1686

SZAJC v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

N 279 OF 2004

TAMBERLIN J

SYDNEY

21 DECEMBER 2004

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT

CORRIGENDUM

Amendment to the Reasons for Judgment of Tamberlin J delivered 21 December 2004.

Par [29] should now read as follows:

            “A further submission was that it is evident from the Tribunal reasons that the credibility of the appellant was the substantial reason why his submissions and evidence were not accepted.  At the point in the reasons where reference is made to the correspondence said to constitute forgeries, the Tribunal member had already reached the conclusion that there was no substance in the appellant’s case due to his lack of credibility and the inconsistencies in his evidence when considered together with independent country information.  Accordingly, it is said that the findings in relation to the documents were not essential to the decision and therefore the decision should not be set aside even if, contrary to the respondent’s submissions, it were found there was a breach of procedural fairness.”

I certify this is a true copy of corrigendum

to the Reasons for Judgment of the

Honourable Justice Tamberlin.

Associate:

Date: 11 January 2005