NAZY v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 744

FEDERAL COURT OF AUSTRALIA

NAZY v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 744 MIGRATION – Appeal from Federal Magistrate – protection visa – Refugee Review Tribunal ("the RRT") failed to give appellant particulars in writing – whether information provided by applicant on protection visa application – whether converted to information given by applicant for purpose of application for review by RRT – whether exception in s424A(3)(b) of Migration Act 1958 (Cth) enlivened – whether breach of s424A amounts to jurisdictional error that invalidates decision of RRT PRACTICE AND PROCEDURE – joinder of RRT Migration Act 1958 (Cth) – s424A Branir v Owston Nominees Pty Limited (No 2) (2001) 117 FCR 424 referred to M55 v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 131 considered Minister for Immigration and Multicultural Affairs v Al Shamry (2001) 110 FCR 27 applied NAHV of 2002 v Minister for Immigration and Multicultural and Indigenous Affairs (2003) 129 FCR 291 referred to NAMW v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 264 referred to Paramananthan v Minister for Immigration and Multicultural Affairs (1998) 94 FCR 28 referred to Refugee Review Tribunal; ex parte Aala (2000) 204 CLR 82 referred to SAAP v Minister for Immigration and Multicultural and Indigenous Affairs [2005]HCA 24 applied SAAY v Minister for Immigration and Multicultural and Indigenous Affairs [2002] FCAFC 393 referred to Stead v State Government Insurance Commission (1986) 161 CLR 141 referred to SZAQL v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 759 referred to SZDQL v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 769 referred to VAAD v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCAFC 117 referred to VAF v Minister for Immigration and Multicultural and Indigenous Affairs (2003) 206 ALR 471 referred to VUAX v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 158 referred to NAZY v Minister for Immigration and Multicultural and Indigenous Affairs AND REFUGEE REVIEW TRIBUNAL NSD 471 of 2005 JACOBSON J 23 JUNE 2005 SYDNEY