SZIZO v Minister for Immigration and Citizenship [2008] FCAFC 122

FEDERAL COURT OF AUSTRALIA

SZIZO v Minister for Immigration and Citizenship [2008] FCAFC 122

MIGRATION – where appellant husband nominated an authorised recipient pursuant to s 441G of the Migration Act 1958 (Cth) – where address of authorised recipient was the same as the appellant husband's address – where Refugee Review Tribunal (Tribunal) sent documents including s 425A notice of invitation to appear to the appellant husband at that address – whether the Tribunal breached the requirements of s 441G by failing to give the authorised recipient any document it otherwise gave to the applicant for review – where s 422B provides an exhaustive statement of the natural justice hearing rule – whether Tribunal committed jurisdictional error – where appellants attended the Tribunal hearing – where no unfairness or prejudice suffered by appellants – whether the Court in exercise of its discretion should decline to issue constitutional writs – appeal allowed. Migration Act 1958 (Cth) ss 425, 425A, 441G Lee v Minister for Immigration and Citizenship (2007) 159 FCR 181 discussed Minister for Immigration and Citizenship v SZKKC (2007) 159 FCR 565 considered Minister for Immigration and Citizenship v SZKPQ (2008) 166 FCR 84 applied Plaintiff S157/2002 v Commonwealth (2003) 211 CLR 476 cited Project Blue Sky Inc v Australian Broadcasting Authority (1998) 153 ALR 490 discussed Re Refugee Review Tribunal; Ex parte Aala (2000) 204 CLR 82 followed SAAP v Minister for Immigration and Multicultural and Indigenous Affairs (2005) 228 CLR 294 followed SZBYR v Minister for Immigration and Citizenship (2007) 235 ALR 609 cited SZFOH v Minister for Immigration and Citizenship (2007) 159 FCR 199 discussed SZJSP v Minister for Immigration and Citizenship [2007] FCA 1925 not followed SZKGF v Minister for Immigration and Citizenship [2008] FCAFC 84 cited Tasker v Fullwood [1978] 1 NSWLR 20 cited VEAN of 2002 v Minister for Immigration and Multicultural and Indigenous Affairs (2003) 133 FCR 570 followed WACB v Minister for Immigration and Multicultural and Indigenous Affairs (2004) 210 ALR 190 cited SZIZO, SZIZP, SZIZQ, SZIZR, SZIZS and SZIZT v MINISTER FOR IMMIGRATION AND CITIZENSHIP and REFUGEE REVIEW TRIBUNAL