SZDQO v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 1026

FEDERAL COURT OF AUSTRALIA

SZDQO v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 1026

MIGRATION – appeal from Federal Magistrates Court –appellant did not respond to invitation to hearing before Refugee Review Tribunal – appellant sent medical certificate three days prior to scheduled hearing – Tribunal then rescheduled hearing in ten days time – Tribunal informed appellant of rescheduled hearing by pre-paid post – appellant did not attend rescheduled hearing – appellant did not raise concerns about rescheduled hearing or notice period before Federal Magistrate or Federal Court on appeal – whether Tribunal required to provide notice of rescheduled hearing in accordance with s 425A(3) of the Migration Act 1958 (Cth) – whether failure to do so constitutes jurisdictional error – whether relief should be refused on discretionary grounds Migration Act 1958 (Cth) ss 425, 425A Judiciary Act 1903 (Cth) s 39B Migration Regulations 1994 (Cth) reg 4.35D Plaintiff S157/2002 v Commonwealth of Australia (2003) 211 CLR 476 cited Muin v Refugee Review Tribunal; Lie v Refugee Review Tribunal (2002) 190 ALR 601 cited SGDB v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCA 74 cited Applicant NAHF of 2002 v Minister for Immigration & Multicultural & Indigenous Affairs (2003) 128 FCR 359 discussed Xiao v Minister for Immigration & Multicultural Affairs [2000] FCA 1472 cited Hossain v Minister for Immigration & Multicultural Affairs [2000] FCA 842 referred to NBBU v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 767 distinguished SZBAZ v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FMCA 790 applied SZBNS v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FMCA 458 distinguished NAHV of 2002 v Minister for Immigration & Multicultural & Indigenous Affairs (2003) 129 FCR 214 referred to SAAP v Minister for Immigration & Multicultural & Indigenous Affairs (2005) 215 ALR 162 referred to SZDQO v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS NSD 465 of 2005