SZHLM v Minister for Immigration and Citizenship [2007] FCA 1100

FEDERAL COURT OF AUSTRALIA

SZHLM v Minister for Immigration and Citizenship [2007] FCA 1100

MIGRATION – obligation of a reconstituted Tribunal to issue a second invitation to hearing to an applicant when a hearing has already been held. Migration Act 1958 (Cth) ss 424A, 424C, 425 Held: Appeal upheld Commissioner for Australian Capital Territory Revenue v Alphaone Pty Ltd (1994) 49 FCR 576 followed Kioa v West (1985) 159 CLR 550 referred to Liu v Minister for Immigration and Multicultural Affairs (2001) 113 FCR 541 distinguished Applicant NAFF of 2002 v Minister for Immigration and Multicultural and Indigenous Affairs (2004) 221 CLR 1 followed Pilbara Aboriginal Land Council Aboriginal Corporation Inc v Minister for Aboriginal & Torres Strait Islander Affairs (2000) 103 FCR 539 referred to Re Minister for Immigration and Multicultural and Affairs; Ex parte S154/2002 (2003) 77 ALJR 1909 referred to SAAP v Minister for Immigration and Multicultural and Indigenous Affairs (2005) 215 ALR 162 referred to SZBBL v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCA 834 referred to Somaghi v Minister for Immigration, Local Government and Ethnic Affairs (1991) 31 FCR 100 referred to SZBEL v Minister for Immigration and Multicultural Affairs (2006) 231 ALR 592 referred to SZILQ v Minister for Immigration and Citizenship [2007] FCA 942 distinguished SZHLM v MINISTER FOR IMMIGRATION AND CITIZENSHIP AND REFUGEE REVIEW TRIBUNAL NSD 704 OF 2007

COWDROY J

23 OCTOBER 2007

SYDNEY IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 704 OF 2007

BETWEEN: SZHLM

Appellant

AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

JUDGE: COWDROY J

DATE OF ORDER: 23 OCTOBER 2007