SZHCN v Minister for Immigration and Multicultural Affairs [2006] FCA 1275

FEDERAL COURT OF AUSTRALIA

SZHCN v Minister for Immigration and Multicultural Affairs [2006] FCA 1275

MIGRATION – whether breach established of s 424A(1) of the Migration Act concerning provision by Tribunal of particulars – whether denial of procedural fairness

Migration Act 1958 (Cth) ss 422B, 424A(1) and 483A

NATL v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCAFC 112referred to Win v Minister for Immigration and Multicultural Affairs (2001) 105 FCR 212cited Minister for Immigration and Multicultural and Indigenous Affairs v SGLB (2004) 207 ALR 12 cited SAAP v Minister for Immigration and Multicultural and Indigenous Affairs (2004) 215 ALR 162 referred to SZEEU v Minister for Immigration and Multicultural and Indigenous Affairs (2006) 150 FCR 214 applied SZCIJ v Minister for Immigration and Multicultural Affairs [2006] FCAFC 62 referred to Minister for Immigration and Multicultural Affairs v Lay Lat (2006) 151 FCR 214 referred to SZHCN v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS AND REFUGEE REVIEW TRIBUNAL NSD 770 OF 2006

CONTI J

27 September 2006

SYDNEY IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 770 OF 2006

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: SZHCN

Appellant

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

JUDGE: CONTI J DATE OF ORDER: 27 SEPTEMBER 2006

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. Leave be granted to substitute the name 'Minister for Immigration and Multicultural Affairs' for that of the first respondent. 2. The Refugee Review Tribunal be added as a second respondent. 3. The appeal be dismissed. 4. 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