SZDLA v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 1048

FEDERAL COURT OF AUSTRALIA

SZDLA v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 1048

MIGRATION – appeal from Federal Magistrates Court – parties agreed that Federal Magistrate's judgment interlocutory in nature – leave to appeal required – application for leave to appeal brought out of time – further amended notice of appeal treated as application for enlargement of time to apply for leave to appeal and application for leave to appeal – appellants are a wife, a husband and a daughter – appellant wife was only applicant for protection visa with specific claims for refugee status – husband and child appellants applied as member of appellant wife's family unit – appellant wife undertook to pass on all correspondence from Tribunal to husband and child appellants – invitation to Tribunal hearing addressed to appellant wife but referred to appellant husband and child as well – appellant bound to pass on invitation to appellant husband and child – whether failure of Tribunal to invite appellant husband and child individually in breach of ss 425 and 425A of Migration Act 1958 (Cth) – whether Tribunal's finding that appellant wife's treatment was not by reason of her religion was based on an unwarranted assumption – appeal dismissed

Migration Act 1958 (Cth) ss 425 and 425A Migration Legislation Amendment Act (No 1) 1998 (Cth) Federal Court Rules 1976 (Cth) SZDLA v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCMA 722 affirmed Minister for Immigration and Multicultural and Indigenous Affairs v SCAR (2003) 128 FCR 553 referred to Mazhar v Minister for Immigration (2000) 183 ALR 188 cited Xiao v Minister for Immigration and Multicultural Affairs [2000] FCA 1472 referred to Applicant NAHF of 2002 v Minister for Immigration and Multicultural and Indigenous Affairs (2003) 128 FCR 359 referred to SZDGN v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCA 1543 cited WACB v Minister for Immigration and Multicultural and Indigenous Affairs (2004) 210 ALR 190 discussed Applicant NAFF of 2002 v Minister for Immigration & Multicultural & Indigenous Affairs (2004) 211 ALR 660 discussed Lu v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 340 referred to WAGO of 2002 v Minister for Immigration & Multicultural & Indigenous Affairs (2002) 194 ALR 676 distinguished Chan Yee Kin v Minister for Immigration & Ethnic Affairs (1989) 169 CLR 379 cited De Silva v Minister for Immigration and Multicultural Affairs (2000) 98 FCR 364 referred to Liu v Minister for Immigration and Multicultural Affairs (2001) 113 FCR 541 cited Tin v Minister for Immigration and Multicultural Affairs [2000] FCA 1109 cited SZDLA AND SZDLB AND SZDLC v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS NSD 1558 OF 2004