SZIMG v Minister for Immigration and Citizenship [2008] FCA 368

FEDERAL COURT OF AUSTRALIA

SZIMG v Minister for Immigration and Citizenship [2008] FCA 368 MIGRATION – Refugee Review Tribunal invited applicant for review to hearing pursuant to s 425(1) Migration Act 1958 (Cth) – applicant for review responded by signing 'response to invitation for hearing form' saying that he did not want to attend hearing and that he consented to tribunal deciding review without taking any further action to allow or enable him to appear before it – whether signing form indicated that 'applicant consent[ed] to the Tribunal deciding the review without the applicant appearing before it' pursuant to s 425(2)(b) MIGRATION – whether tribunal's statement that its decision was made on a date before it was handed down had any legal effect – whether s 430B(4) operated to make date of decision date on which it was handed down MIGRATION – discretion of Court to withhold relief – no evidence that useful result would ensue from grant of relief Held: dismissing appeal; by signing response to invitation for hearing form, applicant for review consented to tribunal deciding review without him appearing before it under s 425(2)(b) – once that occurred, applicant for review had no entitlement to appear by reason of s 425(3) By force of s 430B(4), date of decision is date on which it is handed down – tribunal's internal actions prior to handing down decision did not have legal effect as a decision Relief withheld because no useful result could ensue WORDS AND PHRASES: 'applicant consents to the Tribunal deciding the review without the applicant appearing before it', 'date of the decision', 'date on which the decision is handed down'

Migration Act 1958 (Cth), ss 415(2), 420, 422B(1), 425, 425A, 430, 430A, 430B

Applicant NAFF 2002 v Minister for Immigration (2004) 221 CLR 1 cited ASIC v DB Management Pty Ltd (2000) 199 CLR 321 cited Minister for Immigration v SZFML (2006) 154 FCR 572 applied Minister for Immigration v Bhardwaj (2002) 209 CLR 597 cited Plaintiff S157/2002 v Commonwealth (2003) 211 CLR 476 cited R v Commonwealth Court of Conciliation and Arbitration; Ex parte Ozone Theatres (Aust) Ltd (1949) 78 CLR 389 followed Re Refugee Tribunal; Ex parte Aala (2000) 204 CLR 82 cited SZBYR v Minister for Immigration and Citizenship (2007) 235 ALR 609 followed Zimpel v Allard (1904) 2 CLR 117 applied SZIMG v MINISTER FOR IMMIGRATION AND CITIZENSHIP AND REFUGEE REVIEW TRIBUNAL NSD 2226 OF 2007