SZJSP v Minister for Immigration and Citizenship [2007] FCA 1925

FEDERAL COURT OF AUSTRALIA SZJSPv Minister for Immigration and Citizenship [2007] FCA 1925

CITIZENSHIP AND MIGRATION – migration – review of decisions – Refugee Review Tribunal – conduct of review – notice to appear – where notice sent to firm of solicitors but not addressed to authorised recipient ADMINISTRATIVE LAW – judicial review – discretionary relief – exercising discretion to refuse relief where there has been jurisdictional error but no likely prospect of ultimate success – appellant had actual notice of hearing – appellant appeared and was fully heard Held: appeal dismissed – failure to address invitation to appear directly to authorised recipient is an error of law – discretion may be exercised to refuse relief where a proven technical legal error cannot undermine the essential legal basis on which case originally decided Migration Act 1958 (Cth) s 441G SZFOH v Minister for Immigration and Citizenship (2007) 159 FCR 199 considered Lee v Minister for Immigration and Citizenship (2007) 159 FCR 181 considered Vean of 2002 v Minister for Immigration & Multicultural & Indigenous Affairs (2003) 133 FCR 570 considered SZBYR v Minister for Immigration and Citizenship (2007) 235 ALR 609 applied Giretti v Deputy Commissioner of Taxation (1996) 70 FCR 151 applied SZJSP v MINISTER FOR IMMIGRATION AND CITIZENSHIP AND REFUGEE REVIEW TRIBUNAL NSD 1575 OF 2007

MADGWICK J

22 NOVEMBER 2007

SYDNEY IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 1575 OF 2007

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: SZJSP

Appellant

AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

JUDGE: MADGWICK J DATE OF ORDER: 22 NOVEMBER 2007

WHERE MADE: SYDNEY