SZDMC v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 763

FEDERAL COURT OF AUSTRALIA

SZDMC v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 763

MIGRATION – appeal from judgment of a Federal Magistrate – protection visa application – claim of persecution on account of political opinion and religious belief – Refugee Review Tribunal hearing conducted over two days – failure of witness to attend hearing due to illness – whether Refugee Review Tribunal breached s 424(1) of the Migration Act 1958 (Cth) – whether a breach of s 424(1) constitutes jurisdictional error – whether Refugee Review Tribunal failed to take into account relevant material or took into account irrelevant material – whether Refugee Review Tribunal failed to afford the appellant procedural fairness.

Acts Interpretation Act 1901 (Cth), s 13 Federal Court of Australia Act 1976 (Cth), s 25 Migration Act 1958 (Cth), ss 422B, 423 424, 424A 424B, 425, 426

Abedi v Minister for Immigration and Multicultural Affairs (2001) 114 FCR 186 applied Craig v South Australia (1995) 184 CLR 163 cited Dissanayake v Minister for Immigration & Multicultural Affairs [2002] FCA 976 referred to Minister for Aboriginal Affairs v Peko- Wallsend Ltd (1986) 162 CLR 24 referred to Minister for Immigration and Multicultural Affairs v Rajalingam (1999) 93 FCR 220 cited Minister for Immigration and Multicultural Affairs v Yusuf (2001) 206 CLR 323 cited Perera v Minister for Immigration and Multicultural Affairs [2002] FCA 743 referred to Pojani v Minister for Immigration & Multicultural Affairs [2002] FCA 1283 referred to Plaintiff S157/2002 v Commonwealth of Australia (2003) 211 CLR 476 referred to SAAP v Minister for Immigration and Multicultural and Indigenous Affairs [2005] HCA 24 applied SZDMC v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS NSD 1960 OF 2004 STONE J 9 JUNE 2005 SYDNEY