SZAXF v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 1464

FEDERAL COURT OF AUSTRALIA

SZAXF v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 1464 MIGRATION – application for refugee status refused – decision made on the papers – applicant failed to receive invitation to appear – letter of invitation to appear returned to Tribunal unclaimed – whether Tribunal member imputed with knowledge of the return of the invitation – whether obligations under the Migration Act 1958 (Cth) breached – whether breach was a jurisdictional error. Federal Court of Australia Act 1976 (Cth) s 25(1A) Migration Act 1958 (Cth) ss 418 (3), 424, 425, 426, 504 Migration Legislation Amendment (Judicial Review) Act 2001 (Cth) Alkaab v Minister for Immigration and Multicultural Affairs (1998) 51 ALD 375 cited Budiyal v Minister for Immigration (1998) 82 FCR 166 cited Dawai v Minister for Immigration and Multicultural (1997) 71 FCR 379 considered Haddara v Minister for Immigration and Multicultural Affairs (1999) 166 ALR 401 cited Minister for Immigration v Capitly (1999) 55 ALD 365 referred to Nguyen v Minister for Immigration and Ethnic Affairs (1996) 149 ALR 119 considered Plaintiff S157/2002 v Commonwealth of Australia (2003)211 CLR 476 cited Uddin v Minister for Immigration and Multicultural Affairs (1999) 165 ALR 243 considered SZAXF v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS N1437 OF 2003 STONE J 11 DECEMBER 2003 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N1437 OF 2003

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: SZAXF

APPELLANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: STONE J

DATE OF ORDER: 11 DECEMBER 2003

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The appeal be dismissed. 2. The appellant pay the respondent's costs of the appeal. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.