Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZFLM v Minister for Immigration & Citizenship [2007] FCA 863
CITIZENSHIP AND MIGRATION – migration – Refugee Review Tribunal– conduct of review – delays – failure by Tribunal to supply applicant with Tribunal's decision and reasons Held: Failure to comply with s 430B(6) did not render decision invalid but default may have other legal consequences. Migration Act 1958 (Cth) ss 430B(6), 430D Project Blue Sky Inc v Australian Broadcasting Authority (1998) 194 CLR 355 considered SZICO v The Minister for Immigration and Multicultural and Indigenous Affairs [2006] FMCA 435 referred to WACB v The Minister for Immigration and Multicultural and Indigenous Affairs (2004) 210 ALR 190 referred to SZFLM v MINISTER FOR IMMIGRATION & CITIZENSHIP AND REFUGEE REVIEW TRIBUNAL NSD 387 OF 2007
MADGWICK J
31 MAY 2007
SYDNEY IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 387 OF 2007
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: SZFLM
Appellant
AND: MINISTER FOR IMMIGRATION & CITIZENSHIP
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE: MADGWICK J DATE OF ORDER: 31 MAY 2007
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. The appeal be dismissed. 2. The appellant pay the respondent's costs of the appeal assessed in the sum of $3,000.00. 3. The Refugee Review Tribunal be added as the second respondent. 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 387 OF 2007
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: SZFLM
Appellant
AND: MINISTER FOR IMMIGRATION & CITIZENSHIP
First Respondent
REFUGEE REVIEW TRIBUNAL
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