SZUWM v Minister for Immigration and Border Protection [2016] FCA 92

FEDERAL COURT OF AUSTRALIA

SZUWM v Minister for Immigration and Border Protection [2016] FCA 92 Appeal from: SZUWM & Ors v Minister for Immigration & Anor [2015] FCCA 2153

File number: NSD 1163 of 2015

Judge: FARRELL J

Date of judgment: 15 February 2016

Catchwords MIGRATION – whether the Tribunal exercised its discretion to proceed to determine a review application unreasonably in circumstances where the appellants failed to attend the scheduled hearing – where the appellants' migration agent was authorised to receive communications from the Tribunal – where the migration agent requested postponement of the scheduled hearing the day before because of illness of husband and wife – where postponement request attached medical certificate stating that the husband had a "medical condition" which made him "unfit for his normal work" and letter indicating that the wife had an appointment with a specialist in the afternoon of the scheduled date of the hearing – where reply fax from Tribunal to the appellants' migration agent stated that the Tribunal had decided not to postpone the scheduled hearing and would proceed to determine the application in the absence of any further information from the appellants' regarding the nature of their illnesses – whether discretion not to adjourn the hearing was exercised unreasonably– whether appellants denied procedural fairness – whether Tribunal made appropriate inquiries – whether invitation to attend hearing miscarried – consideration of ss 422B, 425, 426A and 427(1)(b) of the Migration Act 1958 (Cth)

Legislation: Migration Act 1958 (Cth) ss 36(2), 422B, 425, 425A, 426A, 427(1)(b), 441A(5), 441C(5), Pt 7 Div 4