SZQDI v Minister for Immigration & Citizenship [2012] FCA 932

FEDERAL COURT OF AUSTRALIA

SZQDI v Minister for Immigration & Citizenship [2012] FCA 932 Citation: SZQDI v Minister for Immigration & Citizenship [2012] FCA 932

Appeal from: SZQDI v Minister for Immigration & Citizenship [2012] FMCA 166

Parties: SZQDI, SZQDJ, SZQDK and SZQDL v MINISTER FOR IMMIGRATION & CITIZENSHIP and REFUGEE REVIEW TRIBUNAL

File number: NSD 485 of 2012

Judge: KATZMANN J

Date of judgment: 31 August 2012

Catchwords: MIGRATION – Refugees – appeal from Federal Magistrates Court dismissing application for judicial review of Refugee Review Tribunal decision – tribunal refused protection visa – tribunal sent initial s 425 invitation to appear before it received delegate's decision – whether tribunal exceeded jurisdiction and/or breached s 425 – purpose of s 425 notice – whether apprehension of bias on tribunal's part –where Secretary breached s 418(2) by failing to send statement of decision to tribunal within 10 days – whether tribunal's decision and exercise of powers affected by jurisdictional error – whether tribunal failed to identify that the truth of two aspects of the evidence was an issue in the review – whether appellants on notice of that issue – whether breach of s 424A – whether certain evidence was information within the meaning of s 424A(1)(a) – whether s 424A(3)(b) exception applies to information given during the tribunal hearing or otherwise during the process of review ADMINISTRATIVE LAW– Illogicality or irrationality – whether tribunal's decision was one which no rational or logical decision-maker could make

Legislation: Migration Act 1958 (Cth) ss 36, 65, 414, 414A, 415, 418, 420, 424A, 425, 427(1)(b), 474, 476(1) Migration Amendment (Review Provisions) Act 2007 (Cth) Migration Regulations 1994 (Cth), cl 4.34 Explanatory Memorandum, Migration Amendment (Review Provisions) Bill 2006 (Cth)