Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZLPO v Minister for Immigration and Citizenship [2009] FCAFC 51
MIGRATION – Refugee Review Tribunal – whether Tribunal made jurisdictional error by inviting a person to give Tribunal additional information under s 424(2) of Migration Act 1958 (Cth) (the Act) without complying with s 424(3)'s requirement that the invitation be given in writing by one of the methods specified in s 441A of the Act – meaning of "additional information" in s 424(2) – circumstances in which s 424(2) is activated. Migration Act 1958 (Cth) ss 424, 424A, 424B, 424C, 441A Migration Regulations 1994 (Cth) regs 4.35, 5.02
Muin v Refugee Review Tribunal (2002) 190 ALR 601 followed SZKCQ v Minister for Immigration and Citizenship (2008) 170 FCR 236 distinguished SZKTI v Minister for Immigration and Citizenship (2008) 168 FCR 256 distinguished Win v Minister for Immigration and Multicultural Affairs [2000] FCA 1363 discussed
SZLPO v MINISTER FOR IMMIGRATION AND CITIZENSHIP and REFUGEE REVIEW TRIBUNAL
NSD 1227 of 2008
SZLQH v MINISTER FOR IMMIGRATION AND CITIZENSHIP and REFUGEE REVIEW TRIBUNAL NSD 970 of 2008 SZLPP v MINISTER FOR IMMIGRATION AND CITIZENSHIP and REFUGEE REVIEW TRIBUNAL NSD 1486 of 2008
LINDGREN, STONE AND BENNETT JJ
SYDNEY
1 MAY 2009
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 1227 of 2008
BETWEEN: SZLPO
Applicant
AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGES: LINDGREN, STONE AND BENNETT JJ
DATE OF ORDER: 1 MAY 2009
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. The application be dismissed. 2. The applicant pay the first respondent's costs.
Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. The text of entered orders can be located using eSearch on the Court's website.
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