SZMMP v Minister for Immigration and Citizenship [2009] FCA 233

FEDERAL COURT OF AUSTRALIA

SZMMP v Minister for Immigration and Citizenship [2009] FCA 233

PRACTICE AND PROCEDURE – application for extension of time within which to file and service a notice of appeal – special reasons required to show by the appeal should be permitted to proceed – explanation given for the delay perfunctory and incomplete – question of extension of time determined by reference to the merits of the appeal – no prospect of appeal succeeding – application dismissed MIGRATION – procedural fairness – whether Refugee Review Tribunal complied with s 424AA Migration Act 1958 (Cth) – whether Tribunal failed to give particulars of information which might be the reason or part of the reason for the Tribunal to affirm the decision under review – information in question was country information – excluded from operation of s 424A by s 424A(3) – s 424AA did not oblige Tribunal to provide information prescribed in s 424A(3) – Tribunal provided particulars of such information regardless – no breach of s 424AA – application dismissed

Migration Act 1958 (Cth) s 424A, s 424AA, s 441A Migration Amendment (Review Provisions) Act 2007 (Cth) Migration Legislation Amendment Act (No 1) 1998 (Cth) Hunter Valley Developments Pty Ltd v Cohen (1984) 3 FCR 344 applied Jess v Scott (1986) 12 FCR 187 cited SZITH v Minister for Immigration and Citizenship (2008) 105 ALD 541 cited SZLML v Minister for Immigration and Citizenship [2009] FCA 83 cited SZLTC v Minister for Immigration and Citizenship [2007] FMCA 384 referred to SZLWI v Minister for Immigration and Citizenship [2008] FCA 1330 cited SZLXI v Minister for Immigration and Citizenship [2008] FCA 1270 cited SZMAE v Minister for Immigration and Citizenship [2008] FCA 1701 cited SZMMP v MINISTER FOR IMMIGRATION AND CITIZENSHIP and REFUGEE REVIEW TRIBUNAL