SZJOB v Minister for Immigration and Citizenship [2007] FCA 1092

FEDERAL COURT OF AUSTRALIA

SZJOB v Minister for Immigration and Citizenship [2007] FCA 1092

MIGRATION – obligation of Refugee Review Tribunal to accord procedural fairness – whether Tribunal complied with s 424A(1) and s 425 of the Migration Act 1958 (Cth) Held: Appeal dismissed. Migration Act 1958 (Cth) ss 424A, 425 Commissioner for Australian Capital Territory Revenue v Alphaone Pty Ltd (1994) 49 FCR 576 followed NAOA v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 241 cited Pilbara Aboriginal Land Council Aboriginal Corporation Inc v Minister for Aboriginal and Torres Straight Islander Affairs (2000) 103 FCR 539 referred to Sinnathamby v Minister for Immigration and Ethnic Affairs (1986) 66 ALR 502 referred to Soltanyzand v Minister for Immigration and Multicultural Affairs [2001] FCA 1168 applied Somaghi v Minister for Immigration, Local Government and Ethnic Affairs (1991) 31 FCR 100 followed SZDPY v Minister for Immigration and Multicultural Affairs [2006] FCA 627 referred to SZJOB v MINISTER FOR IMMIGRATION AND CITIZENSHIP AND REFUGEE REVIEW TRIBUNAL NSD 664 OF 2007

COWDROY J

18 OCTOBER 2007

SYDNEY IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 664 OF 2007

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: SZJOB

Appellant

AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

JUDGE: COWDROY J DATE OF ORDER: 18 OCTOBER 2007

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. The appeal be dismissed. 2. The Appellant pay the costs of the First Respondent in the sum of $3000 pursuant to Order 62 Rule 4(2)(c) of the Federal Court Rules 1979 (Cth). Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. IN THE FEDERAL COURT OF AUSTRALIA