SZJEC v Minister for Immigration and Multicultural Affairs and Refugee Review Tribunal [2007] FCA 224

FEDERAL COURT OF AUSTRALIA

SZJEC v Minister for Immigration and Multicultural Affairs and Refugee Review Tribunal [2007] FCA 224 MIGRATION – consideration of whether the decision of the Federal Magistrate reflects an error of law in failing to find a lack of procedural fairness in the conduct of the hearing by the Refugee Review Tribunal – consideration of whether the Tribunal engaged in contraventions of s 424A(1) of the Migration Act 1958 (Cth) and s 425 of that Act. Decision The appellant failed to demonstrate any error on the part of the Federal Magistrate in failing to find a failure of procedural fairness on the part of the Tribunal in the conduct of the hearing and in failing to find contraventions of s 424A(1) or s 425 of the Migration Act 1958 (Cth). Migration Act 1958 (Cth) SZJEC v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS AND REFUGEE REVIEW TRIBUNAL NSD2348 of 2006

GREENWOOD J

26 FEBRUARY 2007

SYDNEY IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY NSD2348 of 2006

BETWEEN: SZJEC

Appellant

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

First Respondent

AND REFUGEE REVIEW TRIBUNAL

Second Respondent

JUDGE: GREENWOOD J

DATE OF ORDER: 26 FEBRUARY 2007

WHERE MADE: sydney

THE COURT ORDERS THAT:

1. The appeal be dismissed with costs. 2. Leave be given to amend the title of the first respondent to 'Minister for Immigration and Citizenship'. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY NSD2348 of 2006

BETWEEN: SZJEC

Appellant

AND: MINISTER FOR IMMIGRATION AND multicultural affairs

First Respondent

AND REFUGEE REVIEW TRIBUNAL

Second Respondent

JUDGE: GREENWOOD J