SZJKI v Minister for Immigration and Citizenship [2007] FCA 1438

FEDERAL COURT OF AUSTRALIA

SZJKI v Minister for Immigration and Citizenship [2007] FCA 1438

MIGRATION – the Tribunal's duty to afford procedural fairness – the Tribunal should refrain from providing a running commentary – Tribunal members are inquisitors required to be fair, not adversarial cross-examiners Migration Act 1958 (Cth) ss 36(2), 65(1), 91R(3), 422B, 424A and 425 Federal Court of Australia Act 1976 (Cth) s 27 SZFDE v Minister for Immigration and Citizenship [2007] HCA 35 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 Khan v Minister for Immigration and Ethnic Affairs (1987) 14 ALD 291 SZJKI, SZJKJ, SZJKK AND SZJKL v MINISTER FOR IMMIGRATION AND CITIZENSHIP AND REFUGEE REVIEW TRIBUNAL NSD 1036 OF 2007

GRAHAM J

17 AUGUST 2007

SYDNEY IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 1036 OF 2007

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: SZJKI

First Appellant

SZJKJ

Second Appellant

SZJKK

Third Appellant

SZJKL

Fourth Appellant

AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

JUDGE: GRAHAM J DATE OF ORDER: 17 AUGUST 2007

WHERE MADE: SYDNEY

THE COURT:

1. Orders that the second appellant, identified for the purpose of these proceedings as 'SZJKJ', being the mother of the fourth appellant, who is identified for the purpose of these proceedings as 'SZJKL' and who was born on 5 August 1990, be appointed as the next friend (tutor) of the fourth appellant for the purpose of this appeal. 2. Notes the undertaking to the Court of David Lee Bitel of Parish Patience Lawyers to cause a Notice of Change of Solicitor as required by Order 45 rule 5 of the Federal Court Rules, formally appointing Mr Bitel as the appellants' solicitor, to be filed on or before 22 August 2007. 3. Grants leave to the appellants to file in Court an Amended Notice of Appeal dated 13 August 2007. 4. Orders that the appeal be dismissed. 5. Orders that the first and second appellants pay the respondent Minister'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