SZHSQ v Minister for Immigration & Multicultural Affairs [2006] FCA 1295

FEDERAL COURT OF AUSTRALIA

SZHSQ v Minister for Immigration & Multicultural Affairs [2006] FCA 1295 MIGRATION – Refugees – Protection visa – decision of Refugee Review Tribunal – appeal from decision of Federal Magistrates Court of Australia – whether tribunal failed to identify behaviour modification claim – whether tribunal failed to notify applicant in accordance with s 424A of the Migration Act 1958 (Cth) – where applicant did not appear at tribunal hearing – whether applicant denied procedural fairness – consideration of the obligations of the tribunal under s 426A(1) of the Migration Act 1958 (Cth)

Held – no jurisdictional error found and appeal dismissed

Migration Act 1958 (Cth) ss 424, 425, 426A

Appellant S395 of 2002 v Minister for Immigration and Multicultural Affairs (2003) 216 CLR 473 considered and discussed Dranichnikov v Minister for Immigration and Multicultural Affairs (2003) 197 ALR 389 applied Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996)185 CLR 259 followed Minister for Immigration and Multicultural and Indigenous Affairs v SZFHC [2006] FCAFC 73 considered NAJT v Minister for Immigration and Multicultural and Indigenous Affairs (2005) 147 FCR 51 discussed NBBL v Minister for Immigration and Multicultural and Indigenous Affairs [2006] FCA 1045 followed SZEEU v Minister for Immigration and Multicultural and Indigenous Affairs (2006) 150 FCR 214 discussed and applied SZEZI v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 1195 followed SZHSQ v Minister for Immigration [2006] FMCA 538 referred to The Queen v Commonwealth Conciliation and Arbitration Commission; Ex parte Angliss Group (1969) 122 CLR 546 applied SZHSQ v MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS AND ANOR NSD 1121 OF 2006

RARES J

19 SEPTEMBER 2006