Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZGLQ v Minister for Immigration and Multicultural Affairs [2006] FCA 1506
MIGRATION LAW – failure of decision-maker to give appellants the opportunity to comment on change of circumstances indicated by country information obtained by Tribunal between hearing and decision – pre introduction of s 424A of Migration Act 1958 (Cth) – appeal allowed Judiciary Act 1903 (Cth), s 39B SZGLQ v Minister for Immigration and Multicultural and Indigenous Affairs [2006] FMCA 670 reversed Kioa v West (1985) 159 CLR 550 cited Re Minister for Immigration and Multicultural Affairs; Ex parte Miah (2001) 206 CLR 57 referred to SZGLQ, SZGLR AND SZGLS v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS AND REFUGEE REVIEW TRIBUNAL NSD 1275 OF 2006
GYLES J
1 NOVEMBER 2006
SYDNEY IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 1275 OF 2006
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: SZGLQ, SZGLR AND SZGLS
Appellants
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE: GYLES J
DATE OF ORDER: 1 NOVEMBER 2006
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. The appeal be allowed. 2. The orders of the Federal Magistrates Court of 14 June 2006 be set aside. In lieu thereof, the decision of the Refugee Review Tribunal of 28 June 1995 be set aside and the matter be remitted to the Refugee Review Tribunal for determination according to law. 3. The first respondent pay the costs of the proceedings before the Federal Magistrates Court. 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 1275 OF 2006
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
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