SZEYK v Minister for Immigration and Citizenship [2008] FCA 1940

FEDERAL COURT OF AUSTRALIA

SZEYK v Minister for Immigration and Citizenship [2008] FCA 1940 MIGRATION – application for leave to appeal – Tribunal decision previously considered and special leave refused – further application to Tribunal for review of delegate's decision –Tribunal correct in finding that it had no jurisdiction to reconsider delegate's decision MIGRATION – procedural fairness – natural justice – whether Tribunal denied procedural fairness and natural justice to applicant in finding that it had no jurisdiction – whether Tribunal obliged to comply with procedural requirements under the Migration Act 1958 (Cth) where there was no RRT-reviewable decision – whether common law procedural fairness and natural justice applied – no practical injustice from any denial of procedural fairness or natural justice MIGRATION – whether letter from Tribunal misled applicant – no evidence that applicant was misled by letter – letter satisfied Tribunal's obligations to provide procedural fairness and natural justice – applicant failed to take opportunity provided by Tribunal to make written submissions Federal Magistrates Court Rules 2001 (Cth), r 44.12(1)(a) Migration Act 1958 (Cth), ss 48A, 48B, 411, 412(1), 414, 422B, 424A, 425, 474 Jayasinghe v Minister for Immigration and Ethnic Affairs (1997) 76 FCR 301 cited Minister for Immigration and Multicultural Affairs v Thiyagarajah (2000) 199 CLR 343 referred to Re Minister for Immigration and Multicultural and Indigenous Affairs; Ex parte Lam (2003) 214 CLR 1 cited SZBWJ v Minister for Immigration and Citizenship [2008] FCA 1175 referred to SZEYK v MINISTER FOR IMMIGRATION AND CITIZENSHIP AND REFUGEE REVIEW TRIBUNAL

NSD 1526 of 2008

BENNETT J

19 DECEMBER 2008

SYDNEY IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 1526 of 2008