SXXB v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 537

FEDERAL COURT OF AUSTRALIA

SXXB v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 537

MIGRATION – application for review of Refugee Review Tribunal decision refusing protection visa – hearing conducted by Tribunal under s 425 – Tribunal reconstituted under s 422 following hearing – decision made by reconstituted Tribunal – whether failure to give the applicant a further hearing before reconstituted Tribunal was a denial of procedural fairness

Judiciary Act 1903 (Cth) Migration Act 1958 (Cth)

Plaintiff S157/2002 v Commonwealth of Australia (2003) 77 ALJR 454; [2003] HCA 2 cited NAXN v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 71 cited NAQF v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 781 cited Liu v Minister for Immigration & Multicultural & Indigenous Affairs (2001) 113 FCR 541; [2001] FCA 1362 applied Minister for Immigration & Multicultural & Indigenous Affairs v Eshetu (1999) 197 CLR 611 cited Applicant NAFF of 2002 v Minister for Immigration & Multicultural & Indigenous Affairs (2004) 211 ALR 660; [2004] HCA 62 cited NADG v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 893 cited SXXB v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS and GILES SHORT MEMBER REFUGEE REVIEW TRIBUNAL and PRINCIPAL MEMBER OF THE REFUGEE REVIEW TRIBUNAL SAD 6 of 2005 MANSFIELD J 4 MAY 2005 ADELAIDE

IN THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIA DISTRICT REGISTRY SAD 6 OF 2005

BETWEEN: SXXB

APPLICANT

AND: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

FIRST RESPONDENT

GILES SHORT MEMBER REFUGEE REVIEW TRIBUNAL

SECOND RESPONDENT

PRINCIPAL MEMBER OF THE REFUGEE REVIEW TRIBUNAL