BRGAI of 2008 v Minister for Immigration and Citizenship [2009] FCA 1302

FEDERAL COURT OF AUSTRALIA

BRGAI of 2008 v Minister for Immigration and Citizenship [2009] FCA 1302

MIGRATION – appeal from Federal Magistrate – protection visa – because of language difficulties appellant could not understand letter inviting him to Tribunal hearing – appellant did not attend hearing – appellant claimed breach of s 424A of the Migration Act 1958 (Cth) – alleged failure by Tribunal to provide particulars of adverse findings and information that would lead to confirmation of delegate's decision – whether the Tribunal's doubts about the claim was 'information' within the meaning of s 424A(1) – whether the Tribunal has an obligation to ensure appellant understood the letter inviting him to the hearing – whether the Tribunal was obliged to identify deficiencies in the appellant's claim in the letter inviting him to the hearing – application of s 426A Abebe v The Commonwealth (1999) 197 CLR 510 cited Minister for Immigration and Citizenship v SZLFX [2009] HCA 31 cited SZFDR v Minister for Immigration and Citizenship (2007) 232 CLR 189 cited SZGWH v Minister for Immigration and Citizenship [2007] FCA 543 cited SZHVM v Minister for Immigration and Citizenship [2008] FCA 600 cited SZMKG v Minister for Immigration and Citizenship [2009] FCAFC 99 cited VAF v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 123 cited

BRGAI OF 2008 v MINISTER FOR IMMIGRATION AND CITIZENSHIP and REFUGEE REVIEW TRIBUNAL

QUD 134 of 2009

COLLIER J

13 NOVEMBER 2009

BRISBANE

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY

GENERAL DIVISION QUD 134 of 2009

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: BRGAI OF 2008

Appellant

AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP

First Respondent

REFUGEE REVIEW TRIBUNAL