SZKDT v Minister for Immigration and Citizenship [2007] FCA 1274

FEDERAL COURT OF AUSTRALIA

SZKDT v Minister for Immigration and Citizenship [2007] FCA 1274

MIGRATION – alleged jurisdictional error in respect of compliance with s 424A(1)(b) of the Migration Act 1958 (Cth) – scope of requirement Held: the Tribunal did not fail to ensure, as far was reasonably practicable, that the appellant understood why the information, particulars of which it gave to the appellant in accordance with s 424A(1)(a) of the Act, was relevant to its review of the Minister's Delegate's decision Migration Act 1958 (Cth) s 424A SZKDT v Minister for Immigration [2007] FMCA 870 SZBYR v Minister for Immigration and Citizenship (2007) 235 ALR 609 SAAP v Minister for Immigration and Multicultural and Indigenous Affairs (2005) 215 ALR 162 VAF v Minister for Immigration and Multicultural and Indigenous Affairs (2004) 206 ALR 471 Re RUDDOCK (in his capacity as Minister for Immigration and Multicultural Affairs); ex parte APPLICANT S154/2002 (2003) 201 ALR 437 SZBEL v Minister for Immigration and Multicultural and Indigenous Affairs (2006) 231 ALR 592 Minister for Immigration and Multicultural Affairs v SZGMF [2006] FCAFC 138 Smith v New South Wales Bar Association (No 2) (1992) 66 ALJR 605 SZKDT v MINISTER FOR IMMIGRATION AND CITIZENSHIP AND REFUGEE REVIEW TRIBUNAL NSD 1161 OF 2007

GRAHAM J

20 AUGUST 2007

SYDNEY IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 1161 OF 2007

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: SZKDT

Appellant

AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

JUDGE: GRAHAM J DATE OF ORDER: 20 AUGUST 2007

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The appeal be dismissed. 2. The appellant pay the first respondent's costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.