SZAEG v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 177

FEDERAL COURT OF AUSTRALIA

SZAEG v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 177

MIGRATION – procedural fairness – obligation on Refugee Review Tribunal (RRT) to notify appellants of invitation to appear – appeal from a decision of a Federal Magistrate dismissing an application for review of an RRT decision – where appellants claimed they were not notified of proceedings before RRT – where RRT had sent numerous letters to last address for service provided by appellants – whether appellants had sent notification of change of address to RRT – finding by Federal Magistrate that notice of change of address sent to wrong address by appellants – finding by Federal Magistrate only logical finding open on evidence accepted by Federal Magistrate SZAEG and Others v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS N 894 of 2003 NORTH, DOWSETT and LANDER JJ 7 JULY 2004 ADELAIDE (HEARD IN SYDNEY)

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 894 OF 2003

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT

BETWEEN: SZAEG

FIRST APPELLANT

SZAEH

SECOND APPELLANT

SZAEI

THIRD APPELLANT

SZAEJ

FOURTH APPELLANT

SZAEK

FIFTH APPELLANT

SZAEL

SIXTH APPELLANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGES: NORTH, DOWSETT and LANDER JJ

DATE OF ORDER: 7 JULY 2004

WHERE MADE: ADELAIDE (HEARD IN SYDNEY)

THE COURT ORDERS THAT: 1. The appeal is dismissed. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 894 OF 2003