Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZGLA v Minister for Immigration and Citizenship & Anor [2007] FCA 103
MIGRATION – application for protection visa – appeal from Federal Magistrates Court – where application of review dismissed – whether the Federal Magistrate erred in not holding that the failure of the Tribunal to advise the appellant personally of the details of the hearing constituted a jurisdictional error – Tribunal advised 'authorised recipient' of hearing details – no legal error as Tribunal met statutory obligations
Migration Act 1958 (Cth), ss 422B, 424A, 425, 425A, 426A, 441A, 441G Migration Regulations 1994 (Cth), Reg 4.35D Song v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FMCA 685 referred to SZGLA v MINISTER FOR IMMIGRATION AND CITIZENSHIP AND REFUGEE REVIEW TRIBUNAL NSD 2172 OF 2006
TRACEY J
12 FEBRUARY 2007
SYDNEY IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 2172 OF 2006
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: SZGLA
Appellant
AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE: TRACEY J DATE OF ORDER: 12 FEBRUARY 2007
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. The name of the First Respondent be changed to Minister for Immigration and Citizenship 2. The appeal be dismissed with costs fixed at $1800. 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 2172 OF 2006
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: SZGLA
Appellant
AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
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