SZHUT v Minister for Immigration and Multicultural Affairs [2006] FCA 1022

FEDERAL COURT OF AUSTRALIA

SZHUT v Minister for Immigration and Multicultural Affairs [2006] FCA 1022

MIGRATION – appeal from orders made by Federal Magistrate dismissing appellant's application for review by Refugee Review Tribunal of decision of Minister's delegate refusing appellant protection visa – decision of Minister's delegate affirmed by Refugee Review Tribunal – whether Tribunal's assessment that insufficient information before it to make a decision in applicant's favour is itself information for the purposes of s 424A(1)(a) of the Migration Act 1958 (Cth) – whether failure of third party to pass on to the appellant letter sent by Tribunal to appellant's nominated address for service amounts to breach of s 441A of the Migration Act 1958 (Cth). Held – assessment that insufficient information before Tribunal not itself 'information' within the terms of s 424A(1)(a) – where Tribunal has complied with service provisions of Act third party's failure to pass on letter irrelevant consideration – appeal dismissed.

Migration Act 1958 (Cth) ss 424A, 441A, 474, 476 Federal Magistrates Court Rules 2001 r 44.05

NADK of 2002 v Minister for Immigration and Multicultural and Indigenous Affairs [2002] FCAFC 184 referred to SZCIA v Minister for Immigration and Multicultural and Indigenous Affairs [2006] FCA 238 referred to SZEZI v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 1195 referred to VAF v Minister for Immigration and Multicultural and Indigenous Affairs (2004) 206 ALR 471 referred to VNAA v Minister for Immigration and Multicultural and Indigenous Affairs (2004) 136 FCR 407 referred to SZHUT v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS AND REFUGEE REVIEW TRIBUNAL NSD 612 OF 2006

BESANKO J

9 AUGUST 2006

SYDNEY IN THE FEDERAL COURT OF AUSTRALIA