NAZW v Minister for Immigration & Multicultural & Indigenous Affairs [2006] FCA 96

FEDERAL COURT OF AUSTRALIA

NAZW v Minister for Immigration & Multicultural & Indigenous Affairs [2006] FCA 96 MIGRATION – appellant failed to attend RRT hearing – signed acceptance of hearing invitation - suggestion of default by migration agent – whether effective invitation sent - whether RRT authorised to proceed to decide review

Migration Act 1958 (Cth) – ss422B, s424A, 425, 426A, B41 of 2003, in the matter of an application for a Writ of Mandamus, Prohibition and Certiorari against Refugee Review Tribunal [2004] FCA 30 referred to Moradian v Minister for Immigration, Multicultural and Indigenous Affairs [2004] FCA 1590 referred to NADK of 2002 v Minister for Immigration, Multicultural and Indigenous Affairs [2002] FCAFC 184 referred to NAJT v Minister for Immigration, Multicultural and Indigenous Affairs [2005] FCAFC 134 discussed SZBCS v Minister for Immigration, Multicultural and Indigenous Affairs [2005] FCA 1457 referred to SZBJW v Minister for Immigration, Multicultural and Indigenous Affairs [2005] FCA 1356 cited SZBNK v Minister for Immigration, Multicultural and Indigenous Affairs [2005] FCA 998 cited VNAA v Minister for Immigration, Multicultural and Indigenous Affairs (2004) 136 FCR 407 referred to WAJR v Minister for Immigration, Multicultural and Indigenous Affairs [2004] FCA 106 referred to NAZW v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS AND Refugee Review Tribunal NSD 1868 of 2005 JACOBSON J SYDNEY 10 FEBRUARY 2006

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 1868 of 2005

BETWEEN: NAZW

APPELLANT

AND: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

first RESPONDENT

Refugee Review Tribunal

second RESPONDENT

JUDGE: JACOBSON J

DATE OF ORDER: 10 FEBRUARY 2006