Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZLJK v Minister for Immigration and Citizenship [2008] FCA 1204
MIGRATION – protection visa - where invitation to attend at Tribunal hearing extended – where mistaken attendance at incorrect place for Tribunal hearing – where mistake not drawn to Tribunal's attention before making of decision – where Tribunal's decision valid
Migration Act 1958 (Cth) s 425, s 426A Minister for Immigration and Multicultural Affairs v Bhardwaj (2002) 209 CLR 597 distinguished Minister for Immigration and Multicultural and Indigenous Affairs v VSAF of 2003 [2005] FCAFC 73 cited NAFX v Minister for Immigration and Multicultural Affairs [2004] FCAFC 287 cited SZLJK and SZLJL v MINISTER FOR IMMIGRATION AND CITIZENSHIP and REFUGEE REVIEW TRIBUNAL
NSD712 of 2008
LOGAN J
6 AUGUST 2008
SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD712 of 2008
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: SZLJK
First Appellant
SZLJL
Second Appellant
AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE: LOGAN J DATE OF ORDER: 6 AUGUST 2008
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. The appeal is dismissed. 2. The Appellants are to pay the First Respondent's costs of and incidental to the appeal which are fixed in the amount of $2600. 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 NSD712 of 2008
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: SZLJK
First Appellant
SZLJL
Second Appellant
AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent
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