SZBQG v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 1858

FEDERAL COURT OF AUSTRALIA SZBQG v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 1858 MIGRATION – Appellant notified of inadequacy of information before the Tribunal – non-appearance at Tribunal hearing as appellant was incapacitated – Tribunal proceeded to make a decision without giving the appellant a further opportunity to appear before it – whether breach of procedural fairness and failure to accord natural justice – question of compliance with requirements of s 425 Migration Act 1958 (Cth) – appeal dismissed Migration Act 1958 (Cth) ss 424, 424A, 424B, 424C, 425, 426A Abebe v Commonwealth of Australia (1999) 197 CLR 510 cited Applicant NAHF of 2002 v Minister for Immigration & Multicultural & Indigenous Affairs (2003) 128 FCR 359 distinguished Minister for Aboriginal Affairs v Peko-Wallsend Limited (1986) 162 CLR 24 cited Minister for Immigration & Multicultural & Indigenous Affairs v SCAR (2003) 198 ALR 293 cited Prasad v Minister for Immigration & Ethnic Affairs (1985) 6 FCR 155 cited Re Minister for Immigration & Multicultural Affairs; Ex parte Lam (2003) 214 CLR 1 cited Xiao v Minister for Immigration & Multicultural Affairs [2000] FCA 1472 cited SZBQG v Minister for Immigration & Multicultural & Indigenous Affairs NSD 1494 of 2005 JACOBSON J 2 DECEMBER 2005 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 1494 of 2005

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: SZBQG

APPELLANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: JACOBSON J

DATE OF ORDER: 2 DECEMBER 2005

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. The appeal be dismissed with costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.