SZHUM v Minister for Immigration and Citizenship [2008] FCA 847

FEDERAL COURT OF AUSTRALIA

SZHUM v Minister for Immigration and Citizenship [2008] FCA 847

SZHUM and SZHUN v MINISTER FOR IMMIGRATION & CITIZENSHIP and REFUGEE REVIEW TRIBUNAL

NSD 22 of 2008

REEVES J

10 APRIL 2008

PERTH

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 22 of 2008

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: SZHUM

First Appellant

SZHUN

Second Appellant

AND: MINISTER FOR IMMIGRATION & CITIZENSHIP

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

JUDGE: REEVES J DATE OF ORDER: 10 APRIL 2008

WHERE MADE: PERTH

THE COURT ORDERS THAT:

1. The appellants' appeal be dismissed. 2. The appellants pay the first respondent's costs. 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 22 of 2008

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: SZHUM

First Appellant

SZHUN

Second Appellant

AND: MINISTER FOR IMMIGRATION & CITIZENSHIP

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

JUDGE: REEVES J

DATE: 10 APRIL 2008

PLACE: PERTH

REASONS FOR JUDGMENT

Introduction 1 I will give my decision in this matter. The main focus of these appeals is whether the Federal Magistrate was in error in failing to detect a jurisdictional error on the part of the Refugee Review Tribunal ('the Tribunal') in proceeding with its hearing on 12 October 2005, in the absence of the appellants, having given the appellants the form of notice that it did. For the reasons that follow, I do not believe that the Tribunal erred in proceeding with the hearing in the circumstances and it follows that there was therefore no jurisdictional error to be detected by the Federal Magistrate. The appeals will therefore be dismissed.