FEDERAL COURT OF AUSTRALIA

SZEBT v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 1384

CORRIGENDUM

SZEBT V MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

N1881 OF 2004

BENNETT J

14 SEPTEMBER 2005 (Corrigendum dated 28 September 2005)

SYDNEY

CORRIGENDUM

            Amendment to the Reasons for Judgment of Bennett J published 14 September 2005:

1                     On the order page of the Judgment insert: "1. The Refugee Review Tribunal be joined as a second respondent to these proceedings.”

2                     Paragraph six of the Judgment should read: “It is difficult to make sense of the first ground.  As I read the Tribunal's decision, the Tribunal came to its own view of the appellant's claims and did not refer in its findings and reasons to the decision of a delegate of the first respondent.”

3                     Paragraph seven of the Judgment should read: “To the extent that the appellant seeks to rely upon the decisions of SAAP v Minister for Immigration and Multicultural and Indigenous Affairs (2005) 215 ALR 162 and Al Shamry v Minister for Immigration and Multicultural and Indigenous Affairs (2001) 110 FCR 27, they are not relevant to this case.  The Tribunal referred to the appellant's claim that he faced persecution because of his belief in and practice of Falun Gong.  That claim was made by the appellant in the application to the Tribunal (s424A(3)(b)).  In any event, at the hearing before the Tribunal, the appellant confirmed the information provided in the protection visa application.  As I read the Tribunal's reference to that Act it would seem that the appellant did this "in chief” (NAZI v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 744).  The information comes within section 424A(3)(b) of the Act, so the requirement that the appellant be given particulars of that information in writing does not apply.  The Tribunal discussed this claim with the appellant at the hearing, put a number of matters to him about Falun Gong and told the appellant that it did not believe his account.  There was no error in this approach.”

Associate:

Dated:              28 September 2005

FEDERAL COURT OF AUSTRALIA

SZEBT v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 1384

CORRIGENDUM

SZEBT V MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

N1881 OF 2004

BENNETT J

14 SEPTEMBER 2005 (Corrigendum dated 30 September 2005)

SYDNEY

CORRIGENDUM

            Amendment to the Reasons for Judgment of Bennett J published 14 September 2005:

1                     On the front page of the Judge insert the following;

‘MIGRATION - appellant confirmed information in protection visa application at Tribunal hearing - SAAP and Al Shamry not relevant

Al Shamry v Minister for Immigration and Multicultural and Indigenous Affairs (2001) 110 FCR 27

NAZI v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 744

SAAP v Minister for Immigration and Multicultural and Indigenous Affairs (2005) 215 ALR 162’

Associate:

Dated:              30 September 2005