SZFOH v Minister for Immigration and Citizenship [2007] FCAFC 63

FEDERAL COURT OF AUSTRALIA

SZFOH v Minister for Immigration and Citizenship [2007] FCAFC 63

MIGRATION – appeal from decision of Federal Magistrate dismissing appellant's application for constitutional writs in respect of a decision of the Refugee Review Tribunal – where appellant applied for protection visa – where application refused by delegate of Minister – where Tribunal affirmed delegate's decision – where appellant nominated authorised recipient pursuant to s 441G of Migration Act 1958 (Cth) – where Tribunal sent letter in purported compliance with ss 425 and 425A of Migration Act to appellant in person and not to authorised recipient – whether giving of document to appellant sufficient to discharge Tribunal's obligations regarding invitation – whether breach of s 441G amounts to jurisdictional error. Held: s 441G creates obligation that Tribunal provide document to authorised recipient – provision of document to appellant in accordance with a method of service specified in s 441A not sufficient to comply with obligations in ss 425, 425A and 441G – failure to comply with obligation in s 425A amounts to jurisdictional error – appeal allowed. Migration Act 1958 (Cth) ss 359, 379, 425, 426, 441 Migration Regulations 1994 (Cth) Lee v Minister for Immigration and Citizenship [2007] FCAFC 62 referred to Le v Minister for Immigration and Citizenship [2007] FCAFC 20 referred to Lo v Minister for Immigration and Citizenship [2007] FCA 553 referred to Makhu v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCA 221 referred to NAIS v Minister for Immigration and Multicultural and Indigenous Affairs (2005) 223 ALR 171 referred to Refugee Review Tribunal, Re; Ex parte Aala (2000) 204 CLR 82 referred to SAAP v Minister for Immigration and Multicultural and Indigenous Affairs (2005) 79 ALJR 1009 referred to Stead v State Government Insurance Commission (1986) 161 CLR 141 referred to VEAN of 2002 v Minister for Immigration and Multicultural and Indigenous Affairs (2003) 133 FCR 570 referred to