SZIME v Minister for Immigration and Citizenship [2007] FCAFC 10

FEDERAL COURT OF AUSTRALIA

SZIME v Minister for Immigration and Citizenship [2007] FCAFC 10 SZIME v MINISTER FOR IMMIGRATION AND CITIZENSHIP AND REFUGEE REVIEW TRIBUNAL NSD 1755 OF 2006

ALLSOP, LANDER AND MIDDLETON JJ

13 FEBRUARY 2007

SYDNEY IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 1755 OF 2006

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: SZIME

Appellant

AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

JUDGES: ALLSOP, LANDER AND MIDDLETON JJ DATE OF ORDER: 13 FEBRUARY 2007

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. The first respondent be amended to Minister for Immigration and Citizenship. 2. The appeal be dismissed. 3. The appellant pay the respondent's costs. 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 NSD 1755 OF 2006

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: SZIME

Appellant

AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

JUDGES: ALLSOP, LANDER AND MIDDLETON JJ

DATE: 13 FEBRUARY 2007

PLACE: SYDNEY

REASONS FOR JUDGMENT

Allsop J

Issue 1 This is an appeal from orders made by a Federal Magistrate dismissing an application for judicial review of a decision of the Refugee Review Tribunal. 2 Two questions only were tendered for consideration on the notice of appeal: (a) whether the Federal Magistrate erred in concluding that the Tribunal did not breach s 429 of the Migration Act 1958 (Cth), that is whether the Tribunal hearing was "in private" in the circumstances that occurred; and (b) if the Federal Magistrate did so err, and if the hearing was not "in private", whether that fact led to jurisdictional error on the part of the Tribunal.