SZGGG v Minister for Immigration and Citizenship [2007] FCA 1090

FEDERAL COURT OF AUSTRALIA

SZGGG v Minister for Immigration and Citizenship [2007] FCA 1090

MIGRATION – validity of service of invitation to attend hearing of Refugee Review Tribunal – deemed notification when invitation sent to last known address for service – discretion to refuse relief when jurisdictional error established – conduct of the party seeking relief inconsistent with the grant of such relief – delay – waiver – acquiescence – unclean hands. Migration Act 1958 (Cth), ss 48B, 422B, 425A, 426A, 441C, 441G Migration Legislation Amendment (Electronic Transactions and Methods of Notification) Act 2001 (Cth) Migration Regulations 1994 (Cth), Reg 4.39, 4.35D Australian Coal and Shale Employees' Federation v Commonwealth(1953) 94 CLR 621 Applicant S1338 of 2003 v Minister for Immigration and Indigenous Affairs [2006] FCA 53 distinguished Lee v Minister for Immigration and Citizenship [2007] FCAFC 62 distinguished Makhu v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCA 221 cited Project Blue Sky Inc v Australian Broadcasting Authority (1998) 194 CLR 355 referred to Re Commonwealth; Ex parte Marks (2000) 177 ALR 491 at 495 distinguished Re Minister for Immigration and Multicultural Affairs Ex Parte Miah (2001) 206 CLR 57 cited SAAP v Minister for Immigration and Multicultural and Indigenous Affairs (2005) 215 ALR 162 followed SZBYR v Minister for Immigration and Citizenship (2007) 235 ALR 609 applied SZDOG v Minister for Immigration [2004] FMCA 972 referred to SZEMB v Minister for Immigration [2005] FMCA 448 referred to SZFOH v Minister for Immigration and Citizenship [2007] FCAFC 63 distinguished SZHRF v Minister for Immigration [2006] FMCA 766 distinguished SZGGG v MINISTER FOR IMMIGRATION AND CITIZENSHIP AND REFUGEE REVIEW TRIBUNAL NSD 829 OF 2006