Goo v Minister for Immigration and Citizenship [2007] FCA 391

FEDERAL COURT OF AUSTRALIA

Goo v Minister for Immigration and Citizenship [2007] FCA 391

MIGRATION – the operation of s 359A of the Migration Act 1958 (Cth) – circumstances under which notice must be given to an applicant for review of the particulars of any information that the Tribunal considers would be the reason, or a part of the reason, for affirming the decision that is under review – what constitutes 'the reason' or 'a part of the reason' for the Tribunal's decision Migration Act 1958 (Cth), ss 359A, 424A Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 followed SZBEL v Minister for Immigration and Multicultural and Indigenous Affairs (2006) 231 ALR 592 followed SZEEU v Minister for Immigration and Multicultural and Indigenous Affairs (2006) 150 FCR 214 discussed BOON SOO GOO AND ORS v MINISTER FOR IMMIGRATION AND CITIZENSHIP AND ANOR NSD 2259 OF 2006

RARES J

9 MARCH 2007

SYDNEY IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 2259 OF 2006

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: BOON SOO GOO

First Appellant

YOUNG SOOK HAN

Second Appellant

BUM MO GOO

Third Appellant

AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP

First Respondent

MIGRATION REVIEW TRIBUNAL

Second Respondent

JUDGE: RARES J DATE OF ORDER: 9 MARCH 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. 3. The appellants pay the costs of the first respondent assessed in the sum of $2,500. 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 2259 OF 2006