SZKCQ v Minister for Immigration and Citizenship [2008] FCAFC 119

FEDERAL COURT OF AUSTRALIA

SZKCQ v Minister for Immigration and Citizenship [2008] FCAFC 119

MIGRATION – whether failure to comply with section 424 gives rise to jurisdictional error – the obligation to give a written invitation to a person to provide additional information is mandatory – jurisdictional error established – whether failure to provide 'information' involved a breach of section 424A – 'information' relevant to the review by the RRT which might be used to decide matters adversely to the appellant – breach of section 424A(1)(b) – jurisdictional error established – appeal upheld.

PRACTICE AND PROCEDURE – judicial comity – an earlier decision of the Full Court on similar issues should be followed unless 'plainly wrong' – decision in SZKTI v Minister for Immigration and Citizenship not 'plainly wrong' but correct – decision followed.

Migration Act 1958 (Cth) s 56, s 58, s 59(2), s 422B, s 423, s 424, s 424A, s 424B, s 424C, s 425, s 427, s 430, s 430B(4), s 441A Migration Legislation Amendment Bill (No 1) 1998 Migration Regulations 1994 reg. 4.35(3)

Bahonko v Sterjov (2007) 163 FCR 318 BHP Billiton Iron Ore Pty Ltd v National Competition Council (2007) 162 FCR 234 Bolton, Re; Ex Parte Beane (1987) 162 CLR 514 Cooper v Commissioner of Taxation (2004) 139 FCR 205 Minister for Immigration and Multicultural Affairs, Re; Ex parte Miah (2001) 206 CLR 57 Minister for Immigration and Multicultural and Indigenous Affairs v SZANS (2005) 141 FCR 586 NBKS v Minister for Immigration and Multicultural Affairs (2006) 156 FCR 205 SAAP v Minister for Immigration and Multicultural and Indigenous Affairs (2005) 228 CLR294 SZBYR v Minister for Immigration and Citizenship (2007) 81 ALJR 1190 SZEEU v Minister for Immigration and Multicultural and Indigenous Affairs (2006) 150 FCR 214 SZKTI v Minister for Immigration and Citizenship [2008] FCAFC 83 VAF v Minister for Immigration and Multicultural and Indigenous Affairs (2004) 206 ALR 471 WAGP of 2002 v Minister for Immigration and Multicultural and Indigenous Affairs (2002) 124 FCR 276 Win v Minister for Immigration and Multicultural Affairs (2001) 105 FCR 212 Win v Minister for Immigration and Multicultural Affairs [2000] FCA 1363