Minister for Immigration and Multicultural and Indigenous Affairs v SZFHC [2006] FCAFC 73

FEDERAL COURT OF AUSTRALIA

Minister for Immigration and Multicultural and Indigenous Affairs v SZFHC [2006] FCAFC 73

MIGRATION – obligation to invite applicant to hearing under s 425 of the Migration Act 1958 (Cth) – whether obligation satisfied by compliance with s 425A – letters addressed to residential address returned – letter sent to mailing address not returned – no response to invitation to hearing – whether Tribunal obliged to take further steps to invite applicant – whether the Federal Magistrates Court erred in finding that the Refugee Review Tribunal had not satisfied the obligation in s 425 to invite the respondent to a hearing Held: TheFederalMagistrates Court erred in finding that the Refugee Review Tribunal had not satisfied its obligation in s 425

Migration Act 1958 (Cth), ss 425, 425A, 426A, 441A, 441C, 441G, 474 Budiyal v Minister for Immigration and Multicultural and Indigenous Affairs (1998) 82 FCR 166 distinguished Haddara v Minister for Immigration and Multicultural Affairs (1999) 166 ALR 401 distinguished Minister for Immigration and Multicultural Affairs v Capitly (1999) 55 ALD 365 distinguished NADK of 2002 v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCAFC 184 followed SZAXF v Minister for Immigration and Multicultural and Indigenous Affairs (2003) 133 FCR 496 referred to The Queen v The Australian Broadcasting Tribunal and Ors; Ex parte Hardiman and Ors (1980) 144 CLR 13 referred to Uddin v Minister for Immigration and Multicultural Affairs (1999) 165 ALR 243 distinguished VNAA and Anor v Minister for Immigration and Multicultural and Indigenous Affairs (2004) 136 FCR 407 followed

MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS AND REFUGEE REVIEW TRIBUNAL v SZFHC NSD 1884 of 2005 SPENDER, FRENCH AND COWDROY JJ 19 MAY 2006 SYDNEY