SZKNB v Minister for Immigration & Citizenship [2008] FCA 1280

FEDERAL COURT OF AUSTRALIA

SZKNB v Minister for Immigration & Citizenship [2008] FCA 1280

MIGRATION – procedural fairness – whether letter sent by Refugee Review Tribunal to applicant pursuant to section 424A of the Migration Act must be sent before hearing – whether material relied upon by the Tribunal was "information" within s 424A of the Act – Held that there is no temporal element to s 424A such that it must be sent prior to hearing – Tribunal therefore complied with s 424A – Held that the material relied upon was not "information" – appeal dismissed.

Migration Act 1958 (Cth) s 424A

SAAP v Minister for Immigration and Multicultural and Indigenous Affairs (2005) 228 CLR 294 cited SZBYR v Minister for Immigration and Citizenship (2007) 235 ALR 609 considered SZKLG v Minister for Immigration and Citizenship (2007) 164 FCR 578 followed SZKNB v Minister for Immigration and Citizenship [2007] FMCA 2012 affirmed VAF v Minister for Immigration and Multicultural and Indigenous Affairs (2004) 206 ALR 471 followed SZKNB v MINISTER FOR IMMIGRATION & CITIZENSHIP and REFUGEE REVIEW TRIBUNAL

NSD 2506 of 2007

SPENDER J

20 AUGUST 2008

brisbane (HEARD IN SYDNEY)

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 2506 of 2007

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: SZKNB

Appellant

AND: MINISTER FOR IMMIGRATION & CITIZENSHIP

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

JUDGE: SPENDER ACJ

DATE OF ORDER: 20 MAY 2008

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. The appeal be dismissed. 2. The appellant is to pay the first respondent's costs of and incidental to the appeal, to be taxed if not agreed. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.