SZGWG v Minister for Immigration and Citizenship [2007] FCA 683

FEDERAL COURT OF AUSTRALIA

SZGWG v Minister for Immigration and Citizenship [2007] FCA 683

MIGRATION – appeal from orders of Federal Magistrate dismissing application for constitutional writs – appellant applied to Federal Magistrates Court for review of decision of Refugee Review Tribunal affirming decision of Minister's delegate refusing protection visa – where Tribunal made decision without access to departmental file – where Tribunal advised appellant that file was missing and invited appellant to provide information about claims – where appellant did not provide further information – whether breach of s 418(3) of the Migration Act 1958 (Cth) led to jurisdictional error by Tribunal – whether appellant denied procedural fairness – whether Tribunal entitled pursuant to s 426A of Migration Act to proceed to make decision without further invitation to appellant to attend hearing. Held: any breach of s 418 of the Migration Act did not amount to jurisdictional error in the circumstances – appellant not denied procedural fairness – Tribunal took necessary steps to afford appellant opportunity to present case – Tribunal entitled to proceed to make decision without further invitation – appeal dismissed. Judiciary Act 1903 (Cth) s 39B Migration Act 1958 (Cth) ss 418, 424, 425, 426, 475A Applicant NAFF of 2002 v Minister for Immigration and Multicultural and Indigenous Affairs (2004) 221 CLR 1 referred to Muin v Refugee Review Tribunal (2002) 190 ALR 601 referred to WAGP v Minister for Immigration and Multicultural and Indigenous Affairs [2006] FCAFC 103 referred to SZGWG v MINISTER FOR IMMIGRATION AND CITIZENSHIP AND REFUGEE REVIEW TRIBUNAL NSD 137 OF 2007

BESANKO J

11 MAY 2007

ADELAIDE (HEARD IN SYDNEY) IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 137 OF 2007