SZLSM v Minister for Immigration and Citizenship [2009] FCA 537

FEDERAL COURT OF AUSTRALIA

SZLSM v Minister for Immigration and Citizenship [2009] FCA 537 MIGRATION – whether appellants' father acted as common law guardian – whether information provided by appellants' father was information for purpose of s 424A of Migration Act 1958 (Cth) – whether letter sent to appellants' father was information provided to the appellants for purposes of s 424A(2) of Migration Act – whether jurisdictional error to provide information for purposes of s 424A(1) of the Migration Act if information not required to be provided MIGRATION – whether Tribunal intended to use discretionary provision of s 424AA of Migration Act - whether 'information' is the same for s 424A and s 424AA of Migration Act – whether information had to be provided to appellants MIGRATION – whether a further ground of review that was not expressly made was apparent on evidence before Tribunal PRACTICE AND PROCEDURE – whether to refer an appeal from a migration decision of the Federal Magistrates Court of Australia to a Full Bench of the Full Federal Court – s 25(1AA)(b) of Federal Court of Australia Act 1976 (Cth) Australian Citizenship Act 2007 (Cth) Convention Relating to the Status of Refugees 1951 as amended by the Protocol Relating to the Status of Refugees 1967 (UN) Federal Court of Australia Act 1976 (Cth) s 25(1AA)(b) Migration Act 1958 (Cth) ss 36(2)(b), 78, 91R(1), 189, 424A(1), 424A(2), 424A(3), 424(a), 424AA(b)(i), 424AA(b)(ii), 425 Migration Amendment (Review Provisions) Act 2007 (Cth) Abebe v The Commonwealth of Australia (1999) 197 CLR 510 Dranichnikov v Minister for Immigration and Multicultural Affairs (2003) 197 ALR 389 Man Chi Christine Chung v Minister for Immigration and Multicultural Affairs and Migration Review Tribunal [2006] FCA 1317 NABE v Minister for Immigration and Multicultural and Indigenous Affairs (No 2) (2004) 144 FCR 1 SZBEL v Minister for Immigration and Multicultural and Indigenous Affairs and Another (2006) 228 CLR 152 SZBYR and Another v Minister for Immigration and Citizenship and Another (2007) 235 ALR 609 SZFSV v Minister for Immigration and Citizenship [2007] FCA 1860 SZGSI and Another v Minister for Immigration and Citizenship and Another (2007) 160 FCR 506 SZIZO and Others v Minister for Immigration and Citizenship and Another (2008) 172 FCR 152 SZJHJ v Minister for Immigration and Citizenship & Anor [2008] FMCA 1044 SZJZB and Another v Minister for Immigration and Citizenship and Another (2008) 105 ALD 226 SZKDB & Anor v Minister for Immigration & Anor [2007] FMCA 1036 SZKJI v Minister for Immigration and Citizenship [2008] FCA 1193 SZLKY v Minister for Immigration and Citizenship [2008] FCA 1755 SZLQD v Minister for Immigration and Citizenship [2008] FCA 739 SZLTC & Ors v Minister for Immigration & Anor [2008] FMCA 384 SZLXI v Minister for Immigration and Citizenship (2008) 103 ALD 589 SZMCD v Minister for Immigration and Citizenship [2009] FCAFC 46 Re Woolley and Another; Ex parte Applicants M276/2003 (2004) 225 CLR 1 Wettig v Langdon (1885) 11 VLR 530 SZLSM and SZLSN v MINISTER FOR IMMIGRATION AND CITIZENSHIP and REFUGEE REVIEW TRIBUNAL