SZHUS v Minister for Immigration and Multicultural Affairs [2007] FCA 64

FEDERAL COURT OF AUSTRALIA

SZHUS v Minister for Immigration and Multicultural Affairs [2007] FCA 64 MIGRATION – application for leave to appeal – whether jurisdictional error – procedural fairness – change of policy by Refugee Review Tribunal in respect of not sending courtesy copy of correspondence sent to authorised recipients – whether notification on prior form that notification would be also sent to applicant gave rise to legitimate expectation on his part – whether procedural unfairness in the circumstances

Federal Court of Australia Act 1976 (Cth) s 24(1A) Migration Act 1958 (Cth) ss 422B, 426A, 441A(4), 441C(4), 441G, 441G(2) Federal Magistrates Court Rules 2001 r 44.12(1)(a) B41 of 2003, Re an application for a writ of mandamus, prohibition and certiorari against the Refugee Review Tribunal [2004] FCA 30 Freeman v Health Insurance Commission (2004) 141 FCR 129 Minister for Immigration & Multicultural & Indigenous Affairs v Lay Lat [2006] FCAFC 61 Minister for Immigration & Multicultural & Indigenous Affairs v SZFHC (2006) 150 FCR 439 Minister for Immigration & Multicultural & Indigenous Affairs v VSAF of 2003 [2005] FCAFC 73 Minister for Immigration & Multicultural Affairs v SZFDE (2006) 154 FCR 365 NASF v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCAFC 162 NVAA v Minister for Immigration & Multicultural & Indigenous Affairs (2004) 136 FLR 407 R v Secretary of State for the Home Department, Ex parte Al-Mehdawi [1990] 1 AC 876 SZBSZ v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 999 SZCIJ v Minister for Immigration & Multicultural & Indigenous Affairs [2006] FCAFC 62 SZDPB v Minister for Immigration & Multicultural & Indigenous Affairs [2006] FCAFC 110 SZHZB v Minister for Immigration & Anor [2006] FMCA 169 SZHUS v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS AND REFUGEE REVIEW TRIBUNAL NSD 1201 OF 2006