SZHBK v Minister for Immigration and Multicultural Affairs [2006] FCA 805

FEDERAL COURT OF AUSTRALIA

SZHBK v Minister for Immigration and Multicultural Affairs [2006] FCA 805 MIGRATION – whether former s 425 of the Migration Act required more by way of notice of a proposed Tribunal hearing than compliance with former s 426 – whether shortcomings of an adviser to an applicant for review can affect the validity of a Tribunal decision on such a review – refusal of constitutional writ relief on discretionary grounds Held: (a) Tribunal's decision unaffected by jurisdictional error where notice of proposed hearing reached the appellant's adviser and the appellant failed to appear at the appointed time and place. (b) It would be inappropriate to interfere with the Federal Magistrate's refusal to order constitutional writ relief on discretionary grounds even if jurisdictional error was established, which was not the case in this matter.

Migration Act 1958 (Cth) ss 425, 426 Uddin v Minister for Immigration and Multicultural Affairs (1999) 165 ALR 243 SZAXF v Minister for Immigration and Multicultural and Indigenous Affairs (2003) 133 FCR 496 Freeman v Health Insurance Commission (2004) 141 FCR 129 Re Refugee Review Tribunal; Ex parte Aala (2000) 204 CLR 82 SAAP v Minister for Immigration and Multicultural and Indigenous Affairs (2005) 215 ALR 162 at [80] SZHBK v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS & ANOR NSD 198 of 2006 GRAHAM J 19 JUNE 2006 SYDNEY IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 198 of 2006

ON APPEAL FROM A MAGISTRATE IN THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: SZHBK

Appellant

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

JUDGE: GRAHAM J

DATE OF ORDER: 19 JUNE 2006