SZMKG v Minister for Immigration and Citizenship [2009] FCAFC 99

FEDERAL COURT OF AUSTRALIA

SZMKG v Minister for Immigration and Citizenship [2009] FCAFC 99 MIGRATION – whether by reason of the terms of s 422B of the Migration Act 1958 (Cth), Div 4 of Pt 7 of that Act provides a comprehensive procedural code in respect of the requirements of procedural fairness that must be accorded to review applicants in the conduct of reviews under that Division to the exclusion of the common law natural justice hearing rule – whether the principles invoked by the High Court in Applicant VEAL of 2002 v Minister for Immigration and Multicultural and Indigenous Affairs (2005) 225 CLR 88 are encompassed within the common law natural justice hearing rule within the meaning of s 422B – VEAL distinguished – the substance of matters which the Refugee Review Tribunal arguably was obliged to disclose to the review applicant was adequately disclosed in the reasons of the delegate whose decision was under review – an additional reference in the Tribunal's decision to another case which was said by the Tribunal not to have been taken into account by the Tribunal in its decision was not a reference in terms which required disclosure of facts and matters concerning this other case – appeal dismissed Migration Act 1958 (Cth), ss 422B, 424A, 424AA and 425 SZMKG v Minister for Immigration and Citizenship [2008] FMCA 1686 affirmed Applicant VEAL of 2002 v Minister for Immigration and Multicultural and Indigenous Affairs (2005) 225 CLR 88 distinguished Kioa v West (1985) 159 CLR 550 referred to Minister for Immigration and Multicultural and Indigenous Affairs v Lat (2006) 151 FCR 214 followed Minister for Immigration and Multicultural and Indigenous Affairs v NAMW (2004) 140 FCR 572 cited NIB Health Funds Ltd v Private Health Insurance Administration Council (2002) 115 FCR 561 cited Raybos Australia Pty Ltd v Tectran Corporation Pty Ltd [No 9] [1990] NSWCA 154 cited Re Minister for Immigration and Multicultural Affairs; Ex parte Miah (2001) 206 CLR 57 cited SZBEL v Minister for Immigration and Multicultural and Indigenous Affairs (2006) 228 CLR 152 cited VXDC v Minister for Immigration and Multicultural and Indigenous Affairs (2005) 146 FCR 562 followed Zubair v Minister for Immigration and Multicultural and Indigenous Affairs (2004) 139 FCR 344 cited