SZIWW v Minister for Immigration & Citizenship [2007] FCA 238

FEDERAL COURT OF AUSTRALIA

SZIWW v Minister for Immigration & Citizenship [2007] FCA 238 MIGRATION – consideration of whether the Federal Magistrate erred by failing to find a lack of procedural fairness and thus jurisdictional error on the part of the Refugee Review Tribunal in proceeding to determine a review of the decision of the first respondent's delegate in circumstances where the appellant failed to attend a hearing by reason of a contended intervention of a third party – consideration of whether the Tribunal was 'engaged' in the contended misadventure in the appellant's failure to appear – consideration of whether conduct of another affecting the conduct of the appellant in relation to a hearing provides a ground of procedural error. Decision The failure of the appellant to appear by reason of the contended intervention of a third party raised no operative engagement by the Tribunal in the conduct of failing to appear at a hearing and thus no failure of procedural fairness occurred. Appeal dismissed with costs. Migration Act 1958 (Cth) Minister of Immigration and Multicultural Affairs v SZFDE [2006] FCAFC 142 – cited and quoted SZGQL v Minister for Immigration and Multicultural Affairs [2006] FCA 1420 - cited SZBSZ v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCA 779 - cited SZBII and Another v Minister for Immigration and Multicultural Affairs and Another [2006] FCA 1477 - cited NADK of 2002 v Minister for Immigration and Multicultural and Indigenous Affairs [2002] FCAFC 184 - cited SZIWW v MINISTER FOR IMMIGRATION & CITIZENSHIP AND REFUGEE REVIEW TRIBUNAL NSD2369 of 2006

GREENWOOD J

26 FEBRUARY 2007

SYDNEY IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY NSD2369 of 2006

BETWEEN: SZIWW

Appellant

AND: MINISTER FOR IMMIGRATION & CITIZENSHIP