SZJYA v Minister for Immigration and Citizenship (No 2) [2008] FCA 911

FEDERAL COURT OF AUSTRALIA

SZJYA v Minister for Immigration and Citizenship (No 2) [2008] FCA 911

MIGRATION LAW – reviewof decisions – Refugee Review Tribunal – conduct of review – hearings – whether the tribunal accorded applicant natural justice – whether the tribunal had adequately identified to applicant for review "the issues arising in relation to the decision under review" as required by s 425(1) Held: Appeal allowed

Migration Act 1958 (Cth), ss 91R(3), 424A(1), 425(1), 430(1) Evidence Act 1995 (Cth), s 140 Applicant NAFF of 2002 v Minister for Immigration (2004) 221 CLR 1 referred to Applicant VEAL of 2002 v Minister for Immigration and Multicultural and Indigenous Affairs (2005) 225 CLR 8 cited Briginshaw v Briginshaw (1938) 60 CLR 336 referred to Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Australian Competition and Consumer Commission (2007) 162 FCR 46 cited Kioa v West (1985) 159 CLR 550 cited Minister for Immigration and Citizenship v Applicant A125 of 2003 (2007) 163 FCR 285 cited Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 cited NAOA v Minister for Immigration [2004] FCAFC 241 considered NBKT v Minister for Immigration (2006) 156 FCR 419 distinguished Rejfek v McElroy (1965) 112 CLR 517 applied SZBEL v Minister for Immigration and Multicultural and Indigenous Affairs (2006) 228 CLR 152 applied SZEJF v Minister for Immigration and Multicultural and Indigenous Affairs [2006] FCA 724 cited SZILQ v Minister for Immigration (2007) 163 FCR 304 referred to SZIOZ v Minister for Immigration and Citizenship [2007] FCA 1870 cited SZJYA v Minister for Immigration [2007] FMCA 613 reversed SZKTI v Minister [2008] FCAFC 83 cited

SZJYA v MINISTER FOR IMMIGRATION AND CITIZENSHIP AND REFUGEE REVIEW TRIBUNAL NSD 703 OF 2007