SZEGT v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 1514

FEDERAL COURT OF AUSTRALIA

SZEGT v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 1514 MIGRATION – review by Refugee Review Tribunal – unreasonableness – whether failure to make enquiry constituted exercise of decision making power in an unreasonable manner – procedural fairness – whether failure to make enquiry constituted denial of procedural fairness –– whether conclusion reached by Tribunal not an obvious and natural evaluation of material supplied by applicant – whether failure to invite applicant to comment on conclusion constituted a denial of procedural fairness – operation of s 422B of the Migration Act 1958 (Cth) Commissioner for Australian Capital Territory Revenue v Alphaone Pty Ltd (1994) 49 FCR 576, considered Minister for Immigration & Multicultural & Indigenous Affairs v VSAF of 2003 [2005] FCAFC 73, applied Moradian v Minister for Immigration & Multicultural & Indigenous Affairs (2004) 142 FCR 170, considered NAQF v Minister for Immigration & Multicultural & Indigenous Affairs (2003) 130 FCR 456, followed Prasad v Minister for Immigration & Ethnic Affairs (1985) 6 FCR 155, distinguished SZBDF v Minister for Immigration & Multicultural & Indigenous Affairs (2005) FCA 1493 (Branson J, 25 October 2005, unreported), followed WAJR v Minister for Immigration & Multicultural & Indigenous Affairs (2004) 204 ALR 624, considered Wu v Minister for Immigration & Multicultural & Indigenous Affairs (2003) 133 FCR 221, followed SZEGT v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS and REFUGEE REVIEW TRIBUNAL NSD 1070 OF 2005 EDMONDS J 28 OCTOBER 2005 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 1070 OF 2005

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: SZEGT

APPELLANT