Minister for Immigration and Multicultural and Indigenous Affairs v SZFML and Anor [2006] FCAFC 152

FEDERAL COURT OF AUSTRALIA

Minister for Immigration and Multicultural and Indigenous Affairs v SZFML and Anor [2006] FCAFC 152 MIGRATION– judicial review – application for protection visa – invitation to attend hearing – acceptance of invitation – rescheduled hearing – fresh notice of rescheduled hearing – response by migration agent that applicant did not wish to attend hearing – no authority for response – whether consent to Tribunal proceeding without hearing – no effective consent – Tribunal decision beyond power – period of notice – whether minimum prescribed period between notice and hearing applies to rescheduled or adjourned hearing – prescribed period not applicable. Migration Act 1958 (Cth), ss 411, 412, 414, 415, 422B, 424, 424A, 424C, 425, 425A, 426A 427, 441A, 441C, 441G Al-Mehdawi v Secretary of State for the Home Department [1990] 1 AC 876 distinguished Applicant NAFF of 2002 v Minister for Immigration and Multicultural and Indigenous Affairs and Another (2004) 221 CLR 1 followed B41 of 2003, in the matter of an application for a Writ of Mandamus, Prohibition and Certiorari against Refugee Review Tribunal [2004] FCA 30 cited Clements v Independent Indigenous Advisory Committee (2003) 131 FCR 28 referred to Hot Holdings Pty Limited v Creasy and Others (2002) 210 CLR 438 referred to NASF v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 162 distinguished Re Minister for Immigration and Multicultural and Indigenous Affairs; Ex parte Lam (2003) 214 CLR 1 distinguished SAAP and Another v Minister for Immigration and Multicultural and Indigenous Affairs (2005) 215 ALR 162 cited SZBSZ v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCA 779 cited SZDQO v Minister for Immigration and Multicultural and Indigenous Affairs (2005) 144 FCR 251 followed SZEFM v Minister for Immigration and Multicultural and Indigenous Affairs [2006] FCA 78 followed Aronson, Dyer and Grove, Judicial Review of Administration Action (3rd edition) Thomson Law Book Co 2004 MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS v SZFML AND REFUGEE REVIEW TRIBUNAL NSD 141 OF 2006