SZBYO v Minister for Immigration & Multicultural & Indigenous Affairs [2006] FCA 262

FEDERAL COURT OF AUSTRALIA

SZBYO v Minister for Immigration & Multicultural & Indigenous Affairs [2006] FCA 262 Migration Act 1958 (Cth) s 424A S 395/2002 v MIMIA (2003) 216 CLR 473 distinguished SZCJH v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 1660 applied SZEEU v Minister for Immigration & Multicultural & Indigenous Affairs [2006] FCAFC 2 considered

SZBYO v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS NSD 1915 OF 2005 EDMONDS J 22 MARCH 2006 SYDNEY IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALESDISTRICT REGISTRY NSD 1915 OF 2005

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: SZBYO

APPELLANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: EDMONDS J DATE OF ORDER: 22 MARCH 2006

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The Refugee Review Tribunal be joined as the second respondent to the appeal. 2. The appeal be dismissed. 3. The appellant pay the respondent's costs.

Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALESDISTRICT REGISTRY NSD 1915 OF 2005

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: SZBYO

APPELLANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: EDMONDS J

DATE: 22 MARCH 2006

PLACE: SYDNEY

REASONS FOR JUDGMENT

Edmonds J:

Joinder of the Refugee Review Tribunal 1 One matter which seems to have been overlooked during the interlocutory phase of these proceedings is the failure of the appellant to join the Refugee Review Tribunal ('the Tribunal') as a respondent to the appeal. I therefore propose to order that the Tribunal be joined as the second respondent to this appeal.