SZCZV v Minister for Immigration & Multicultural Affairs [2006] FCA 1002

FEDERAL COURT OF AUSTRALIA

SZCZV v Minister for Immigration & Multicultural Affairs [2006] FCA 1002

SZCZV v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS AND REFUGEE REVIEW TRIBUNAL No NSD 784 of 2006

FINN J

4 AUGUST 2006

SYDNEY IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 784 OF 2006

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: SZCZV

Appellant

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

JUDGE: FINN J

DATE OF ORDER: 4 AUGUST 2006

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. The appeal be dismissed. 2. The appellant pay the first respondent's costs of the appeal. 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 WALES DISTRICT REGISTRY NSD 784 OF 2006

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: SZCZV

Appellant

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

JUDGE: FINN J

DATE: 4 AUGUST 2006

PLACE: SYDNEY

REASONS FOR JUDGMENT 1 This is an appeal from a decision of a Federal Magistrate dismissing an application for judicial review of a decision of the Refugee Review Tribunal refusing the appellant a protection visa. The two issues in the appeal fall within a very small compass. Both relate to an alleged failure of the Tribunal to afford procedural fairness to the appellant in its dealing with one particular document (a detention order). The Tribunal's decision was given on 1 May 2000 although the matter was not heard in the Federal Magistrates Court until 5 April 2006. Because of the date of the Tribunal's decision the provisions of s 424A of the Migration Act 1958 (Cth) have no present relevance. His claims are to be determined by reference to the common law rules of procedural fairness.