SZLJN v Minister for Immigration and Citizenship [2008] FCA 768

FEDERAL COURT OF AUSTRALIA

SZLJN v Minister for Immigration and Citizenship [2008] FCA 768

MIGRATION – no failure to notify applicant of "information" – no denial of procedural fairness – meaningful hearing before Refugee Review Tribunal – application to amend refused – application for adjournment refused

Migration Act 1958 (Cth) ss 424A, 425(1) Federal Court Rules 1979 (Cth) O 52, r 13(2)(b)

Amankwah v Minister for Immigration & Multicultural Affairs [1999] FCA 1162, 91 FCR 248 followed Australian Broadcasting Commission v Parish (1980) 29 ALR 228, 43 FLR 129 followed Liu v Minister for Immigration & Multicultural Affairs [2001] FCA 1362, 113 FCR 541 followed Londish v Gulf Pacific Pty Ltd (1993) 45 FCR 128 followed Mazhar v Minister for Immigration & Multicultural Affairs [2000] FCA 1759,183 ALR 188 followed SAAP v Minister for Immigration & Multicultural & Indigenous Affairs [2005] HCA 24, 228 CLR 294 followed SPI Spirits (Cyprus) Ltd v Diageo Australia Ltd (No 4) [2007] FCA 1035 followed SZBYR v Minister for Immigration & Citizenship [2007] HCA 26, 235 ALR 609 followed SZLJN v Minister for Immigration & Citizenship [2008] FMCA 352 cited SZLJN v MINISTER FOR IMMIGRATION AND CITIZENSHIP AND REFUGEE REVIEW TRIBUNAL

NSD 382 of 2008

FLICK J

27 MAY 2008

sydney

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 382 of 2008

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: SZLJN

Appellant

AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

JUDGE: FLICK J DATE OF ORDER: 27 MAY 2008

WHERE MADE: SYDNEY

THE ORDERS OF THE COURT ARE:

1. The appeal be dismissed. 2. The Appellant to pay the costs of the First Respondent of and incidental to 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