Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZILQ v Minister for Immigration & Citizenship [2007] FCA 942
MIGRATION – jurisdictional error – failure of RRT to afford procedural fairness – obligation of RRT to provide the appellant with the opportunity to make a case – appellant must be afforded an appropriate opportunity to satisfy the RRT that conduct engaged in while in Australia was other than for the purpose of strengthening his claim to refugee status Migration Act 1958 (Cth) s 91R(3), s 422B, s 424A, s 425(1) Minister for Immigration and Multicultural Affairs v Bhardwaj (2002) 209 CLR 597 SZBEL v Minister for Immigration and Multicultural and Indigenous Affairs (2006) 81 ALJR 515 SZEPZ v Minister for Immigration and Multicultural Affairs [2006] FCAFC 107 SZILQ v Minister for Immigration & Anor [2007] FMCA 483 SZILQ v MINISTER FOR IMMIGRATION AND CITIZENSHIP AND REFUGEE REVIEW TRIBUNAL NSD 788 OF 2007
BUCHANAN J
27 JUNE 2007
SYDNEY IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 788 OF 2007
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: SZILQ
Appellant
AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE: BUCHANAN J DATE OF ORDER: 27 JUNE 2007
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. The appeal is upheld; 2. Orders 2 and 3 made by the Federal Magistrates Court on 16 April 2007 are set aside; 3. The decision of the Refugee Review Tribunal handed down on 14 November 2006 is quashed; 4. The application for review of the decision made by a delegate of the first respondent to refuse to grant the appellant a protection (class XA) visa is remitted to the Refugee Review Tribunal to be dealt with according to law; 5. The first respondent is to pay the costs of the applicant in the Federal Magistrates Court in the proceedings under appeal and in the present appeal to this Court, in each case as taxed if not agreed. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
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