Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZEUI v Minister for Immigration and Citizenship [2008] FCA 1338
MIGRATION – hearing rule – Migration Act 1958 (Cth) s 425 – identification of issue at previous tribunal hearing or in reasons of delegate – whether sufficient notification of appellant that issue may be relied on in making decision – invitation to appear at hearing – appellant did not appear – whether distinction between issues notified and related issues Held: appeal dismissed – issues apparent to appellant from previous hearing of Tribunal – one matter not an issue or, alternatively, intertwined with issues notified so that not of itself an issue.
Migration Act 1958 (Cth) s 424A, s 425 SZBEL v Minister for Immigration and Multicultural and Indigenous Affairs (2006) 228 CLR 152 referred to SZHKA v Minister for Immigration and Citizenship [2008] FCAFC 138 referred to SZEUI, SZEUJ and SZGAR v MINISTER FOR IMMIGRATION AND CITIZENSHIP and REFUGEE REVIEW TRIBUNAL
NSD 24 OF 2008
BESANKO J
29 AUGUST 2008
SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 24 OF 2008
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: SZEUI
First Appellant
SZEUJ
Second Appellant
SZGAR
Third Appellant
AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE: BESANKO J DATE OF ORDER: 29 AUGUST 2008
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. The appeal be dismissed. 2. The first and second appellants pay the costs of the first respondent, fixed in the sum of $2700. 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 24 OF 2008
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