SZEYH v Minister for Immigration and Multicultural and Indigenous Affairs [2006] FCA 93

FEDERAL COURT OF AUSTRALIA

SZEYH v Minister for Immigration and Multicultural and Indigenous Affairs

[2006] FCA 93 MIGRATION – procedural fairness – failure of appellant to attend Tribunal hearing – appellant asserts error by migration agent - real and meaningful invitation – duty of Tribunal to investigate – no obligation on Tribunal to make case for appellant

Migration Act 1958 (Cth) – ss 425 and 427

Abebe v The Commonwealth (1999) 197 CLR 510 referred to Al-Mehdawi v Secretary of State for the Home Department [1990] 1 AC 876 referred to Applicant NAHF of 2002 v Minister for Immigration and Multicultural and Indigenous Affairs (2003) 128 FCR 359 discussed B41 of 2003 in the matter of an application for a writ of mandamus prohibition and certiorari v Refugee Review Tribunal (2004) FCA 30 referred to Barrett v Minister for Immigration, Local Government and Ethnic Affairs (1989) 18 ALD 129 cited Hot Holdings Pty Limited v Creasy (2002) 210 CLR 438 referred to Kioa v West (1985)159 CLR 550 referred to Minister for Immigration and Multicultural and Indigenous Affairs v SGLB (2004) 207 ALR 12 cited Minister for Immigration and Multicultural and Indigenous Affairs v SCAR (2003) 128 FCR 553 discussed NADK of 2002 v Minister for Immigration and Multicultural and Indigenous Affairs [2002] FCAFC 184 referred to NALQ v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 121 referred to O'Sullivan v Repatriation Commission (2004) 74 ALD 407 referred to Prasad v Minister for Immigration and Ethnic Affairs (1985) 6 FCR 155 referred to R v Criminal Injuries Compensation Board; Ex parte A [1999] 2 AC 330 referred to Re Minister for Immigration and Multicultural Affairs; Ex parte Miah (2001) 206 CLR 57 referred to Re Minister for Immigration and Multicultural and Indigenous Affairs; Ex parte S134/2002 (2003) 211 CLR 441 cited S58 of 2003 v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 283 referred to SBA Foods Pty Limited v Victorian WorkCover Authority & Anor [2001] VSC 276 cited Stefanovski v County Court of Victoria & Anor [2000] VSC 417 cited STKB v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCA 546 referred to STKB v Minister for Immigration and Multicultural and Indigenous Affairs [2001] FCAFC 251 cited SZBCS v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 1457 referred to VNAA v Minister for Immigration and Multicultural and Indigenous Affairs (2004) 136 FCR 407 referred to WACO v Minister for Immigration and Multicultural and Indigenous Affairs (2003) 131 FCR 511 relied upon