SZGBI v Minister for Immigration & Citizenship [2008] FCA 599

FEDERAL COURT OF AUSTRALIA

SZGBI v Minister for Immigration & Citizenship [2008] FCA 599

MIGRATION – where appellants indicated that they wished for the Tribunal to obtain evidence from certain witnesses – where the Tribunal did not take oral evidence from witnesses but invited the witnesses to give evidence in writing – whether there was failure to comply with s 441A of the Migration Act 1958 (Cth) – whether the Tribunal failed to have regard to witnesses' evidence in breach of s 424(1) and s 414 – exercise of discretion to refuse relief even if jurisdictional error found Migration Act 1958 (Cth) ss 414, 424, 424A, 426, 427, 441A NABE v Minister for Immigration and Multicultural and Indigenous Affairs (No. 2) (2004) 219 ALR 27 cited NAJT v Minister for Immigration and Multicultural and Indigenous Affairs (2005) 147 FCR 51 followed Re Refugee Review Tribunal; Ex parte Aala (2000) 204 CLR 82 cited SZBYR v Minister for Immigration and Citizenship (2007) 235 ALR 609 cited VAAC v Minister for Immigration and Multicultural and Indigenous Affairs (2003) 129 FCR 168 followed SZGBI, SZGBJ AND SZGBK v MINISTER FOR IMMIGRATION AND CITIZENSHIP AND REFUGEE REVIEW TRIBUNAL NSD 384 OF 2007

MIDDLETON J

7 MAY 2008

SYDNEY IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 384 OF 2007

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: SZGBI

First Appellant

SZGBJ

Second Appellant

SZGBK

Third Appellant

AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

JUDGE: MIDDLETON J DATE OF ORDER: 7 MAY 2008

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The appeal be dismissed. 2. The appellants pay the costs of the first respondent. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. IN THE FEDERAL COURT OF AUSTRALIA