SZLBE v Minister for Immigration and Citizenship [2008] FCA 1789

FEDERAL COURT OF AUSTRALIA

SZLBE v Minister for Immigration and Citizenship [2008] FCA 1789 IMMIGRATION – whether breach of procedural fairness – applicant unwell – applicant failed to attend Tribunal hearing due to illness – Tribunal gave opportunity to provide explanation and further information – Tribunal made aware of reason for non-attendance – Tribunal refused to reschedule hearing – Tribunal then proceeded to make its decision – no jurisdictional error. EVIDENCE – Federal Magistrate accepted evidence of illness – no medical evidence lead – cross-examination of witness – medical opinion not required. Migration Act 1958 (Cth) s 422B, s 425, s 425(1), s 425A, s 426A Abalos v Australian Postal Commission (1990) 171 CLR 167 followed Appellant P119/2002 v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCAFC 230 cited Devries v Australian National Railways Commission (1993) 177 CLR 472 followed Fox v Percy (2003) 214 CLR 118 followed Minister for Immigration and Multicultural Affairs v Bhardwaj (2002) 209 CLR 597 cited Minister for Immigration and Multicultural and Indigenous Affairs v SCAR (2003) 128 FCR 553 cited Minister for Immigration and Multicultural Affairs v SZFDE (2006) 154 FCR 365 cited Minister for Immigration and Multicultural and Indigenous Affairs v SZFML (2006) 154 FCR 572 cited Minister for Immigration and Multicultural and Indigenous Affairs v VSAF of 2003 [2005] FCAFC 73 cited NALQ v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 121 cited NBBL v Minister for Immigration and Multicultural and Indigenous Affairs (2006) 152 FCR 592 cited SZBQG v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 1858 cited SZGWN v Minister for Immigration and Citizenship [2008] FCA 238 cited SZHKA v Minister for Immigration and Citizenship [2008] FCAFC 138 cited SZJZY v Minister for Immigration and Citizenship [2008] FCA 280 cited SZLTI v Minister for Immigration and Citizenship [2008] FCA 1274 cited SZMBU v Minister for Immigration and Citizenship [2008] FCA 1290 cited SZLBE v MINISTER FOR IMMIGRATION AND CITIZENSHIP and REFUGEE REVIEW TRIBUNAL