SZANI v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCA 1298

FEDERAL COURT OF AUSTRALIA

SZANI v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCA 1298 MIGRATION - Refugees - Appeal from decision of Federal Magistrate refusing application for judicial review of a decision of the Refugee Review Tribunal - Failure of the Refugee Review Tribunal to refer to, consider or give reasons for the rejection of documentary evidence - Failure by Refugee Review Tribunal to give appellant opportunity to comment on evidence - No finding by Refugee Review Tribunal that the appellant's evidence was so discredited that corroborative evidence could be rejected without further analysis - Denial of procedural fairness - Jurisdictional error - Grounds of review imperfectly formulated before Federal Magistrate - Matter remitted to Refugee Review Tribunal for determination in accordance with law.

Judiciary Act 1903 (Cth) s 39B Migration Act 1958 (Cth) Minister for Immigration and Multicultural Affairs v Yusuf (2001) 206 CLR 323 cited WACO v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCAFC 171 discussed WAEJ v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCAFC 188 discussed SZANI v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS N988 of 2004 TAMBERLIN J SYDNEY 24 SEPTEMBER 2004

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N988 OF 2004

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT

BETWEEN: SZANI

APPELLANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: TAMBERLIN J

DATE OF ORDER: 24 SEPTEMBER 2004

WHERE MADE: SYDNEY

THE COURT ORDERS THAT THE: 1. Appeal be allowed. 2. Orders of the Magistrate are set aside. 3. Matter is remitted to the Refugee Review Tribunal for determination in accordance with law. 4. Minister pay the appellant's costs on the appeal and before the Magistrate.