MZYFH v Minister for Immigration and Citizenship [2010] FCA 559

FEDERAL COURT OF AUSTRALIA

MZYFH v Minister for Immigration and Citizenship [2010] FCA 559 Citation: MZYFH v Minister for Immigration and Citizenship [2010] FCA 559

Appeal from: MZYFH v Minister for Immigration and Citizenship & Anor [2009] FMCA 1067

Parties: MZYFH v MINISTER FOR IMMIGRATION AND CITIZENSHIP and REFUGEE REVIEW TRIBUNAL

File number(s): VID 863 of 2009

Judge: BROMBERG J

Date of judgment: 4 June 2010

Catchwords: MIGRATION – appeal from Federal Magistrates Court of decision of RRT affirming a decision to refuse protection visa to appellant – whether RRT breached s 424A(1) of Migration Act by failing to comply with s 424AA – whether RRT failed to comply with s 424AA – whether RRT complied with the obligation to give clear particulars and to ensure that the visa applicant understood the relevance and consequence of the information that RRT had determined would be the reason or part of reason for affirming the decision under review – non-compliance with s 424AA – jurisdictional error – appeal allowed.

Legislation: Migration Act 1958 (Cth) s 424A, s 424AA

Cases cited: Minister for Immigration and Citizenship v SZLFX (2009) 238 CLR 507 Minister for Immigration and Citizenship v SZIAI [2009] HCA 39 Minister for Immigration and Multicultural Affairs v SZGMF [2006] FCAFC 138 MZXKH v Minister for Immigration and Citizenship [2007] FCA 663 MZYFH v Minister for Immigration and Citizenship & Anor [2009] FMCA 1067 Plaintiff S157/2002 v Commonwealth (2003) 211 CLR 476 SAAP v Minister for Immigration and Multicultural and Indigenous Affairs (2005) 228 CLR 294 SZBYR v Minister for Immigration and Citizenship [2007] HCA 26 SZEOP v Minister for Immigration and Citizenship [2007] FCA 807 SZMCD v Minister for Immigration & Citizenship (2009) 174 FCR 415 SZMTJ v Minister for Immigration and Citizenship and Anor (No 2) [2009] FCA 486 SZNKO v Minister for Immigration and Citizenship [2010] FCA 297