Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZJKU v Minister for Immigration and Citizenship [2008] FCA 308
MIGRATION – application for judicial review of decision of the Refugee Review Tribunal – whether decision affected by actual bias – whether decision affected by apprehended bias – whether s 424A requires the provision of notice of particulars of information relied upon by the Tribunal – whether decision affected by failure to comply with the natural justice hearing rule at common law – whether decision affected by failure to comply with Div 4 of Pt 7 – whether Div 4 of Pt7 provides an exhaustive statement of the natural justice hearing rule Migration Act 1958 (Cth) ss 422B, 424A, 425 and Div 4 of Pt 7 Commissioner for Australian Capital Territory Revenue v Alphaone Pty Ltd (1994) 49 FCR 576 Muin v Refugee Review Tribunal [2002]76 ALJR 966 SZBEL v Minister for Immigration and Multicultural and Indigenous Affairs [2006] HCA 63
SZJKU v MINISTER FOR IMMIGRATION AND CITIZENSHIP AND ANOR NSD 1842 OF 2007
EMMETT J
12 MARCH 2008
SYDNEY IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 1842 OF 2007
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: SZJKU
Appellant
AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE: EMMETT J DATE OF ORDER: 12 MARCH 2008
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. The appeal be dismissed. 2. The appellant pay the first respondent's costs of the appeal. 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 1842 OF 2007
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: SZJKU
Appellant
AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP
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