Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZICU v Minister for Immigration and Citizenship [2008] FCAFC 1 MIGRATION LAW – notice of invitation to appear issued by Tribunal under s 425A of the Migration Act 1958 (Cth) communicated effect of s 426(2) – information forming part of Tribunal's reason to affirm delegate's decision given to the appellant pursuant to s 424A – failure to contact appellant after non-attendance at hearing did not subvert invite issued under s 425.
Migration Act 1958 (Cth) ss 424A, 425, 425A, 426, 426A
Minister for Immigration and Citizenship v Applicant A125 of 2003 [2007] FCAFC 162 cited SZCQR v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 724 considered SZBYR v Minister for Immigration and Citizenship (2007) 235 ALR 609 considered SZEEU v Minister for Immigration and Multicultural and Indigenous Affairs (2006) 150 FCR 214 cited SZJBA v Minister for Immigration and Citizenship (2007) 98 ALD 270 distinguished SZICU v MINISTER FOR IMMIGRATION AND CITIZENSHIP AND REFUGEE REVIEW TRIBUNAL NSD 1473 OF 2007
TAMBERLIN, FINN AND BESANKO JJ
20 FEBRUARY 2008
SYDNEY IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 1473 OF 2007
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: SZICU
Appellant
AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGES: TAMBERLIN, FINN AND BESANKO JJ DATE OF ORDER: 20 FEBRUARY 2008
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
The appeal be dismissed with 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 1473 OF 2007
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
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