SZAAJ v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 312

FEDERAL COURT OF AUSTRALIA

SZAAJ v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 312 IMMIGRATION – jurisdictional error – procedural fairness – appeal from federal magistrate - interpreter failed to properly interpret the applicant's responses in the Refugee Review Tribunal – whether failure to grant adjournment by federal magistrate a denial of procedural fairness Judiciary Act 1903 (Cth) s 39B Migration Act 1958 (Cth) s 474 House v R (1936) 55 CLR 499 Phillip Morris Inc v Adam P Brown Male Fashions Pty Limited (1991) 148 CLR 120 The State of Queensland v J L Holdings Pty Ltd (1996-7) 189 CLR 146 Craig v South Australia (1995) 184 CLR 163 Plaintiff S157/2002 v Commonwealth of Australia (2003) 211 CLR 476 Re Minister for Immigration & Multicultural Affairs, Ex parte Miah (2001) 205 CLR 57 Refugee tribunal, Ex parte Aala (2000) 204 CLR 82 Perera v Minister for Immigration and Multicultural Affairs (1999) 92 FCR 6 R V Tran [1994] 2 SCR 951 SZAAJ v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS N 786 of 2003 HILL J 26 MARCH 2004 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N786 OF 2003

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: SZAAJ

APPELLANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: HILL J

DATE OF ORDER: 26 MARCH 2004

WHERE MADE: SYDNEY

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

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N786 OF 2003

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: SZAAJ