SZGDB v Minister for Immigration & Multicultural & Indigenous Affairs [2006] FCA 431

FEDERAL COURT OF AUSTRALIA

SZGDB v Minister for Immigration & Multicultural & Indigenous Affairs [2006] FCA 431 MIGRATION LAW – whether provisions of s 424A(1) of the Migration Act 1958 (Cth) were observed by Refugee Review Tribunal – whether wrongly finding that appellant had not made in original claim was mere error of fact – where factual error demonstrates jurisdictional error on part of Refugee Review Tribunal – treatment of omissions in evidence of applicant by Refugee Review Tribunal – whether jurisdictional error on part of Refugee Review Tribunal – appeal allowed WORDS AND PHRASES – 'information that the Tribunal considers would be the reason or part of the reason, for affirming the decision that is under review' Migration Act 1958 (Cth) s 424A(1), s 424A(3)(b) Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321 followed Craig v South Australia (1995) 184 CLR 163 applied Dranichnikov v Minister for Immigration and Multicultural Affairs (2003) 197 ALR 389 referred to Minister for Immigration and Multicultural and Indigenous Affairs v Rajamanikkam (2002) 210 CLR 222 followed Minister for Immigration v Yusuf (2001) 206 CLR 323 followed NABE v Minister for Immigration and Multicultural and Indigenous Affairs (2004) 144 FCR 1 followed NAZY v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 744 followed SAAP v Minister for Immigration and Multicultural and Indigenous Affairs (2005) 215 ALR 162 followed Secretary of State for Education and Science v Tameside Metropolitan Borough Council [1977] AC 1014 applied Smith v NSW Bar Association (1992) 176 CLR 256 followed SZDGB v Minister for Immigration [2005] FMCA 1519 reversed SZECF v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 1200 followed SZEEU v Minister for Immigration and Multicultural and Indigenous Affairs [2006] FCAFC 2 followed SZGIZ v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 1739 referred to VAF v Minister for Immigration and Multicultural and Indigenous Affairs (2004) 206 ALR 471 discussed SZGDB v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS & ANOR NSD 2092 OF 2005 RARES J 21 APRIL 2006 SYDNEY