Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZBHU v Minister for Immigration & Citizenship [2007] FCA 1614
MIGRATION – Refugee Review Tribunal – Hearing – Invitation to appear- requirement to send invitation to last address for service or last residential address – invitation to appear sent to the purported last address for service or residential address – whether purported notice of change of address for service or to residential address was from or authorised by appellant – whether notice, even if from or authorised by appellant, constituted a notice of change of address for service or change of residential address – whether oral notice of change of address for service or change of residential address given by appellant – failure to invite appearance – jurisdictional error. Migration Act 1958 (Cth) ss 422B, 425, 425A, 441A, 441C. Council of the City of Greater Wollongong v Cowan (1955) 93 CLR 435 Florance v Andrew (1985) 58 ALR 377 Fodare Pty Ltd v Official Trustee in Bankruptcy [2000] FCA 1721 H v Minister for Immigration & Multicultural Affairs(2001) 63 ALD 43 Minister for Immigration and Multicultural and Indigenous Affairs v SZFHC (2006) 150 FLR 439 SZFDE v Minister for Immigration & Citizenship [2007] HCA 35 SZFOH v Minister for Immigration & Citizenship (2007) 159 FCR 199. VAAC v Minister for Immigration & Multicultural & Indigenous Affairs(2003) 129 FCR 168 SZBHU v MINISTER FOR IMMIGRATION AND CITIZENSHIP and REFUGEE REVIEW TRIBUNAL NSD 294 OF 2007
GILMOUR J
24 October 2007
PERTH (part-HEARD BY VIDEOLINK TO SYDNEY) IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 294 OF 2007
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: SZBHU
Appellant
AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent
REFUGEE REVIEW TRIBUNAL
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