Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZLNW v Minister for Immigration and Citizenship [2008] FCA 910
MIGRATION – Refugee Review Tribunal – judicial review – procedural fairness – failure of Tribunal to request specific details from the applicant – Tribunal reaching decision based upon applicant not providing specific details – whether failure constituted breach of s 425 of the Migration Act 1958 (Cth) Convention Relating to the Status of Refugees 1951 as amended by the Protocol Relating to the Status of Refugees 1967 Migration Act 1958 (Cth) ss 424A, 425, 501 Applicants A233 of 2003 v Refugee Review Tribunal [2004] FCAFC 296 referred to Chan Yee Kin v The Minister for Immigration and Ethnic Affairs (1989) 169 CLR 379 referred to Minister for Immigration and Ethnic Affairs v Wu Shan Liang and Others (1996) 185 CLR 259 followed Minister for Immigration and Multicultural Affairs v Rajalingam and Others (1999) 93 FCR 220 referred to SZBEL v Minister for Immigration and Multicultural and Indigenous Affairs and Another (2006) 228 CLR 152 applied SZGHS v Minister for Immigration and Citizenship [2007] FCA 1572 followed SZHBX v Minister for Immigration and Citizenship [2007] FCA 1169 cited SZJUB v Minister for Immigration and Citizenship [2007] FCA 1486 cited SZLNW v MINISTER FOR IMMIGRATION AND CITIZENSHIP AND REFUGEE REVIEW TRIBUNAL NSD 176 OF 2008
COWDROY J
17 june 2008
SYDNEY IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 176 OF 2008
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: SZLNW
Appellant
AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE: COWDROY J DATE OF ORDER: 17 june 2008
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. The appeal be upheld. 2. The application for review be remitted to the Refugee Review Tribunal, differently constituted, for a hearing according to law. 3. The First Respondent pay the costs of the Appellant. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. IN THE FEDERAL COURT OF AUSTRALIA
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