SZDPB v Minister for Immigration and Multicultural and Indigenous Affairs [2006] FCAFC 110

FEDERAL COURT OF AUSTRALIA

SZDPB v Minister for Immigration and Multicultural and Indigenous Affairs [2006] FCAFC 110

MIGRATION – procedural fairness – whether Tribunal failed to notify appellant of hearing – requirements of s 425 of the Migration Act 1958 (Cth) – relocation principle – whether Tribunal erred in applying relocation principle – whether it was reasonable for the appellants to relocate – whether the appellants would be required to modify behaviour to avoid persecution Held: (1) The Tribunal satisfied its obligations to afford the appellant procedural fairness with respect to notification of the hearing date by complying with the requirements of ss 425, 425A and 441G of the Migration Act 1958 (Cth). (2) The Tribunal did not err in finding that it was reasonable for the appellants to relocate within India.

Migration Act 1958 (Cth) ss 422B, 425, 425A, 441G

Appellant S395/2002 v Minister for Immigration and Multicultural Affairs (2003) 78 ALJR 180 followed NALZ v Minister for Immigration and Multicultural and Indigenous Affairs (2004) 140 FCR 270 considered Randhawa v Minister for Immigration, Local Government and Ethnic Affairs (1994) 52 FCR 437 followed SZCLL & Anor v Minister for Immigration and Anor [2005] FMCA 1474 referred to SZDPB v Minister for Immigration [2005] FMCA 1067 referred to SZDPE v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 626 referred to VNAA and Anor v Minister for Immigration and Multicultural and Indigenous Affairs (2004) 136 FCR 407 followed

SZDPB v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS NSD 1610 of 2005 SZCLL and SZCLM v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS and ANOR NSD 1956 of 2005

SPENDER, FRENCH & COWDROY JJ 3 JULY 2006 SYDNEY IN THE FEDERAL COURT OF AUSTRALIA