SZBHT v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 947

FEDERAL COURT OF AUSTRALIA SZBHT v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 947 CONSTITUTIONAL LAW – whether s424A(3) of the Migration Act ultra vires the Australian Constitution – whether s61 of the Constitution guarantees a right of due process – whether Tribunal failed to accord due process to applicant – use of country information database MIGRATION – judicial review – bias – whether Refugee Review Tribunal decision infected with apprehended or actual bias – incorrect assertion by Tribunal that no information of a particular kind in database PRACTICE & PROCEDURE – application for extension of time to institute appeal – whether applicant unable to identify any arguable ground of appeal – whether appeal would be futile

Atkinson v Commissioner of Taxation [2000] FCA 998, applied Applicant A165 of 2003 v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCA 877, cited Howard v Australian Electoral Commission [2000] FCA 1767, applied Jess v Scott (1986) 12 FCR 187, applied Minister for Immigration and Multicultural Affairs v Jia (2001) 205 CLR 507, cited Re Minister for Immigration and Multicultural Affairs and Another; Ex Parte Epeabaka (2001) 206 CLR 128, applied R v Webb 1994 181 CLR 41, applied SZBHT v Minister for Immigration and Multicultural and Indigenous Affairs & Anor NSD 987 of 2005 EDMONDS J 12 JULY 2005 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 987 OF 2005

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: SZBHT

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

FIRST RESPONDENT

REFUGEE REVIEW TRIBUNAL

SECOND RESPONDENT

JUDGE: EDMONDS J

DATE OF ORDER: 12 JULY 2005