SZGYM v Minister for Immigration and Citizenship [2007] FCA 1923

FEDERAL COURT OF AUSTRALIA

SZGYM v Minister for Immigration and Citizenship [2007] FCA 1923

MIGRATION – procedural fairness – whether a Tribunal hearing should have proceeded where a real doubt existed as to the ability of the applicant to comprehend what was being said Held: appeal allowed, decision quashed and mandamus ordered Migration Act 1958 (Cth) s 425(1) SYYB v Minister for Immigration & Multicultural & Indigenous Affairs [2006] FCA 24 SZBEL v Minister for Immigration and Multicultural and Indigenous Affairs (2006) 228 CLR 152 SZFDE v Minister for Immigration and Citizenship (2007) 81 ALJR 1401 SZGYM v MINISTER FOR IMMIGRATION AND CITIZENSHIP AND REFUGEE REVIEW TRIBUNAL NSD 1837 OF 2007

GRAHAM J

12 NOVEMBER 2007

SYDNEY IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 1837 OF 2007

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: SZGYM

Appellant

AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

JUDGE: GRAHAM J DATE OF ORDER: 12 NOVEMBER 2007

WHERE MADE: SYDNEY

THE COURT:

1. Orders that 'Refugee Review Tribunal' be added as a second respondent to the appeal. 2. Grants leave to the second respondent to file in court a Notice of Appearance for the second respondent. 3. Orders that the appeal be allowed. 4. Orders that the orders of the Federal Magistrate of 23 August 2007 be set aside. 5. Orders that the decision of the Refugee Review Tribunal made on 28 June 2005 and handed down on 19 July 2005 be quashed. 6. Orders that a writ of mandamus issue directed to the second respondent, requiring the second respondent to determine according to law the application made on 14 March 2005 for review of the decision of the delegate of the first respondent to refuse to grant the appellant a protection visa. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. IN THE FEDERAL COURT OF AUSTRALIA