SZGCK v Refugee Review Tribunal [2007] FCA 1247

FEDERAL COURT OF AUSTRALIA

SZGCK v Refugee Review Tribunal [2007] FCA 1247

MIGRATION – protection visa – whether Refugee Review Tribunal failed to accord procedural fairness – whether apprehended bias – whether non-compliance with s 424A of the Migration Act 1958 (Cth) Freedom of Information Act 1982 (Cth) Migration Act 1958 (Cth)s 422B, 424A, 424A(1)(b) Applicant S416 of 2003 v Refugee Review Tribunal [2003] FCA 1630 referred to Applicant VEAL of 2002 v Minister for Immigration and Multicultural and Indigenous Affairs (2005) 222 ALR 411 applied VWFP v Minister for Immigration and Multicultural and Indigenous Affairs [2006] FCA 231 followed SZGCK v REFUGEE REVIEW TRIBUNAL AND MINISTER FOR IMMIGRATION AND CITIZENSHIP NSD 2382 OF 2006

MARSHALL J

17 AUGUST 2007

SYDNEY IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 2382 OF 2006

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: SZGCK

Appellant

AND: REFUGEE REVIEW TRIBUNAL

First Respondent

MINISTER FOR IMMIGRATION AND CITIZENSHIP

Second Respondent

JUDGE: MARSHALL J DATE OF ORDER: 17 AUGUST 2007

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. The name of the second respondent is amended to "Minister for Immigration and Citizenship". 2. The appeal is allowed. 3. Orders 1 and 4 of the Federal Magistrate's orders of 16 November 2006 are set aside. 4. An order in the nature of certiorari issue to quash the decision of the Refugee Review Tribunal. 5. An order in the nature of mandamus issue to compel the Refugee Review Tribunal to hear and determine the review of the decision of the Minister's delegate according to law. 6. The matter is remitted to the Refugee Review Tribunal. 7. The second respondent pay the appellant's costs of the appeal and the proceeding below. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. IN THE FEDERAL COURT OF AUSTRALIA