Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Minister for Immigration & Citizenship v SZLIX [2008] FCAFC 17
ADMINISTRATIVE LAW – constructive non-exercise of jurisdiction – whether third party fraud perpetrated on Refugee Review Tribunal – distinction between negligence and fraud – whether evidence adduced before the Federal Magistrate sufficient to prove fraud
Migration Act 1958 (Cth) ss 276, 281, 312B, 412(2), 425(1), 422B, 426A, 429A, Pt 3 Div 2, Pt 7 Div 4
SZFDE v Minister for Immigration & Citizenship (2007) 237 ALR 64 distinguished Holloway v McFeeters (1956) 94 CLR 470 cited Briginshaw v Briginshaw (1938) 60 CLR 336 cited MINISTER FOR IMMIGRATION AND CITIZENSHIP v SZLIX AND REFUGEE REVIEW TRIBUNAL No NSD 2066 of 2007
TAMBERLIN, FINN AND DOWSETT JJ
5 MARCH 2008
SYDNEY IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 2066 OF 2007
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: MINISTER FOR IMMIGRATION & CITIZENSHIP
Appellant
AND: SZLIX
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGES: TAMBERLIN, FINN AND DOWSETT JJ DATE OF ORDER: 5 MARCH 2008
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. The decision of the Federal Magistrate be set aside. 2. The first respondent pay the appellant's costs of the appeal and of the hearing before the Federal Magistrate. 3. The matter be remitted to the Federal Magistrate for re-hearing. 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 2066 OF 2007
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: MINISTER FOR IMMIGRATION & CITIZENSHIP
Appellant
AND: SZLIX
First Respondent
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