SZDQL v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 769

FEDERAL COURT OF AUSTRALIA

SZDQL v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 769

MIGRATION – protection visa application – Refugee Review Tribunal invited appellant to comment on information – whether appellant had been given sufficient notice pursuant to s 424B(3)(b) Migration Act 1958 (Cth) – whether information was part of the reason for affirming the delegate's decision – s 424A Migration Act 1958 (Cth)

Migration Act 1958 (Cth) ss 48, 417, 418(3), 424A(1), 424A(2), 424A(3), 424B, 424B(3), 441A, 474 Migration Regulations 1994 (Cth), reg 4.35A(3)

Muin v Refugee Review Tribunal (2002) 190 ALR 601 cited Minister for Immigration and Multicultural and Indigenous Affairs v NAMW [2004] FCAFC 264 cited Minister for Immigration and Multicultural Affairs v Al Shamry (2001) 110 FCR 27 cited NAHV of 2002 v Minister for Immigration and Multicultural and Indigenous Affairs (2003) 129 FCR 214 discussed SAAP of 2001 v Minister for Immigration and Multicultural and Indigenous Affairs [2002] FCAFC 411 discussed NADN v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCAFC 291 cited NAOA v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 241 cited SAAP v Minister for Immigration and Multicultural and Indigenous Affairs [2005] HCA 24 distinguished VAF v Minister for Immigration and Multicultural and Indigenous Affairs (2004) 206 ALR 471 applied Paul v Minister for Immigration and Multicultural and Indigenous Affairs (2001) 113 FCR 396 cited VUAX v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 158 applied SZDQL v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS NSD 1991 of 2004 SACKVILLE J SYDNEY 10 JUNE 2005

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 1991 of 2004