Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZHLI v Minister for Immigration and Citizenship [2007] FCA 1412
MIGRATION – applicant declining offer to attend hearing of Refugee Review Tribunal – Migration Act 1958 (Cth) subsequently amended to introduce right to make oral submissions at hearing – whether offer to attend a hearing had to be made again – whether applicant had consented to the Tribunal deciding the review without the applicant appearing before it Migration Act 1958 (Cth) s 425, 425A, 426, 426A Migration Legislation Amendment Act (No 1) 1998 (Cth) Liu v Minister for Immigration and Multicultural Affairs (2001) 113 FCR 541 SZBEL v Minister for Immigration and Multicultural and Indigenous Affairs (2006) 231 ALR 592 VNAA v Minister for Immigration and Multicultural and Indigenous Affairs (2004) 136 FCR 407 Minister for Immigration and Multicultural and Indigenous Affairs v SZFHC (2006) 231 ALR 630 SZHLI v MINISTER FOR IMMIGRATION AND CITIZENSHIP AND REFUGEE REVIEW TRIBUNAL NSD 1967 OF 2006
SIOPIS J
10 SEPTEMBER 2007
SYDNEY IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 1967 OF 2006
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: SZHLI
Appellant
AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE: SIOPIS J DATE OF ORDER: 10 SEPTEMBER 2007
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. The title of the first respondent is varied to "Minister for Immigration and Citizenship". 2. The appeal is dismissed. 3. The appellant is to pay the first respondent's costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 1967 OF 2006
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
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