SZLPO v Minister for Immigration & Citizenship (No 2) [2009] FCAFC 60

FEDERAL COURT OF AUSTRALIA

SZLPO v Minister for Immigration & Citizenship (No 2) [2009] FCAFC 60

SZLPO v MINISTER FOR IMMIGRATION AND CITIZENSHIP and REFUGEE REVIEW TRIBUNAL

NSD 1227 of 2008

LINDGREN, STONE AND BENNETT JJ

22 MAY 2009

SYDNEY 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: 22 MAY 2009

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. The decision of the Refugee Review Tribunal (Tribunal) handed down on 11 October 2007 be set aside. 2. The matter be remitted to the Tribunal to be determined in accordance with law. 3. The first respondent pay the applicant'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. 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: 22 MAY 2009

PLACE: SYDNEY

REASONS FOR JUDGMENT (No 2)

INTRODUCTION 1 On 1 May 2009 the Court made orders and published reasons for judgment in three proceedings, of which the present proceeding was one: see SZLPO v Minister for Immigration & Citizenship [2009] FCAFC 51 (Earlier Reasons). 2 At [35] of the Earlier Reasons we noted that there were two grounds stated in SZLPO's second amended application for judicial review of the Tribunal (we are using the abbreviations that we used in the Earlier Reasons). We summarised those two grounds in that paragraph, the second ground being summarised as follows: the Tribunal failed to comply with s 424A(1) of the Act [Migration Act 1958 (Cth)] by failing to give SZLPO adequate particulars of the information provided to the Tribunal by DFAT [Department of Foreign Affairs and Trade] on 2 August 2007, advising that the letter of introduction was false and was not signed by the President of Ahmadiyya Muslim Jamaat, and that SZLPO was not a member of Ahmadiyya Muslim Jamaat. We added that the second ground was, therefore, that the letter dated 2 August 2007 written by the Tribunal to SZLPO's representative (the 424A letter) did not satisfy the requirements of s 424A of the Migration Act 1958 (Cth) (the Act). 3 Unfortunately, the Court overlooked this ground when publishing the Earlier Reasons. 4 On 12 May 2009 the solicitor for the first respondent (the Minister) wrote to the Associate of the presiding Judge drawing attention to the omission. By reason of her doing so, her client, through her, acted as a model litigant. The Court records its gratitude for her assistance. 5 On 13 May 2009 the Court made an order setting aside the orders that had been made in this proceeding on 1 May 2009. The orders made on that date in the other two proceedings remained unaffected. 6 The parties have indicated their agreement to the Court's deciding the second ground of review on the basis of the existing written and oral submissions of the parties. 7 The Earlier Reasons remain unaffected. The present supplementary reasons for judgment take the earlier ones as read.