SXSB v Minister for Immigration and Citizenship [2007] FCA 319

FEDERAL COURT OF AUSTRALIA

SXSB v Minister for Immigration and Citizenship [2007] FCA 319

MIGRATION – appeal from Federal Magistrates Court – where appellant denied protection visa by Minister – where appellant appeared at two hearings before Refugee Review Tribunal – where appellant made claims at second Tribunal hearing not made at first Tribunal hearing – where Tribunal affirmed Minister's refusal to grant visa – whether difference between claims made at first hearing and second hearing was information which was the reason or part of the reason for affirming the Minister's decision within the meaning of s 424A(1) of the Migration Act 1958 (Cth) – whether Tribunal obliged to notify appellant of information – effect of s 424A(3)(b). Held – if difference in claims made at first hearing and second hearing was 'information' in the relevant sense, it was information provided by the applicant – any such information fell within the exception in s 424A(3)(b) – Tribunal not obliged to notify appellant – appeal dismissed. Migration Act 1958 (Cth) s 424A M55 v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 131 considered NAZY v Minister for Immigration and Multicultural and Indigenous Affairs (2005) 87 ALD 357 considered SZEEU v Minister for Immigration and Multicultural and Indigenous Affairs (2006) 150 FCR 214 applied SZCJY v Minister for Immigration and Multicultural and Indigenous Affairs [2006] FCA 556 cited VWBF v Minister for Immigration and Multicultural and Indigenous Affairs (2006) 154 FCR 302 considered SXSB v MINISTER FOR IMMIGRATION AND CITIZENSHIP AND REFUGEE REVIEW TRIBUNAL SAD 102 OF 2006

BESANKO J

9 MARCH 2007

ADELAIDE IN THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIA DISTRICT REGISTRY SAD 102 OF 2006

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA