SZHVM v Minister for Immigration and Citizenship [2008] FCA 600

FEDERAL COURT OF AUSTRALIA

SZHVM v Minister for Immigration and Citizenship [2008] FCA 600

MIGRATION – judicial review – protection visa – where appellant worked for migration agent as a nanny – where agent told appellant to work rather than go to Tribunal hearing – where appellant did not understand English – whether invitation in English to attend hearing was "real and meaningful" – whether Tribunal failed to undertake a reasonably open and regular administrative procedural step – where appellant subsequently gave false information to the Federal Magistrate – allegation of third party fraud on Tribunal – leave sought to adduce further evidence explaining failure to attend hearing

WORDS AND PHRASES – fraud on the Tribunal

Federal Court of Australia Act 1976 (Cth) s 27 Migration Act 1958 (Cth) ss 425, 426A

Arnotts v Trade Practices Commission (1990) 97 ALR 555 cited CDJ v VAJ (No 1) (1998) 197 CLR 172 followed Greater Wollongong City Council v Cowan (1955) 93 CLR 435 cited Minister for Immigration and Multicultural Affairs v SZFDE (2006) 236 ALR 42 cited Minister for Immigration and Citizenship v SZLIX [2008] FCAFC 17 followed Murdaca v Accounts Control Management Services Pty Ltd [2007] FCA 577 cited Orr v Holmes (1948) 76 CLR 632 cited SZFDE v Minister for Immigration and Citizenship (2007) 237 ALR 64 distinguished SZFNX v Minister for Immigration and Citizenship [2007] FCA 1980 cited SZGWH v Minister for Immigration and Citizenship [2007] FCA 543 cited SZHBC v Minister for Immigration and Citizenship [2007] FCA 1310 cited SZHVM v Minister for Immigration and Citizenship [2007] FMCA 1200 affirmed SZHZT v Minister for Immigration and Citizenship [2007] FCA 1661 cited SZICU v Minister for Immigration and Citizenship [2008] FCAFC 1 cited SZIVK v Minister for Immigration and Citizenship [2008] FCA 334 distinguished SZJBA v Minister for Immigration and Citizenship (2007) 164 FCR 14 distinguished