Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Minister for Immigration & Citizenship v SZJGY [2008] FCAFC 87
MIGRATION – review of decision of Federal Magistrates Court – whether Federal Magistrate erred in finding that the Refugee Review Tribunal made a jurisdictional error by failing to accord the Respondent procedural fairness – applicability of SZBEL v Minister for Immigration and Multicultural and Indigenous Affairs (2006) 228 CLR 152 – whether Refugee Review Tribunal's statements and questions during the hearing sufficiently indicated to the first respondent that everything he said in support of his application was in issue
Migration Act 1958 (Cth) s 425 SZBEL v Minister for Immigration and Multicultural and Indigenous Affairs (2006) 228 CLR 152 distinguished
MINISTER FOR IMMIGRATION AND CITIZENSHIP v SZJGY AND REFUGEE REVIEW TRIBUNAL
NSD 193 of 2008
STONE, JACOBSON AND EDMONDS JJ
30 MAY 2008
SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 193 of 2008
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: MINISTER FOR IMMIGRATION AND CITIZENSHIP
Appellant
AND: SZJGY
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGES: STONE, JACOBSON AND EDMONDS JJ DATE OF ORDER: 30 MAY 2008
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. The appeal be allowed. 2. Orders 2 and 3 made by the Federal Magistrate on 25 January 2008 be set aside and in lieu thereof the application to the Federal Magistrates Court be dismissed. 3. The first respondent pay the appellant's costs of the appeal and of the proceedings below. 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 193 of 2008
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
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