Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZKLG v Minister for Immigration & Citizenship [2007] FCAFC 198
MIGRATION – refusal of a Protection (Class XA) visa – appellant made two applications for a protection visa on different and inconsistent grounds – consideration of inconsistent applications by Tribunal – requirement to give notice pursuant to s 424A of the Migration Act 1958 (Cth) – whether compliance with s 424A must occur at a particular point in time – whether compliance with s 424A must be before the hearing
Migration Act 1958 (Cth)ss 424A, 425, 476 SZBYR v Minister for Immigration and Citizenship (2007) 81 ALJR 1190considered SAAP v Minister for Immigration and Multicultural and Indigenous Affairs (2005) 79 ALJR 1009considered VAF v Minister for Immigration and Multicultural and Indigenous Affairs (2004) 206 ALR 471 considered SZKLG v MINISTER FOR IMMIGRATION AND CITIZENSHIP AND REFUGEE REVIEW TRIBUNAL NSD 1799 OF 2007
DOWSETT, BENNETT AND EDMONDS JJ
19 DECEMBER 2007
SYDNEY IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 1799 OF 2007
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: SZKLG
Appellant
AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGES: DOWSETT, BENNETT AND EDMONDS JJ
DATE OF ORDER: 19 DECEMBER 2007
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. the appeal be dismissed; and 2. the appellant pay the first respondent's costs of the appeal. 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 1799 OF 2007
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: SZKLG
Appellant
AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP
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