SZUUR v Minister for Immigration and Border Protection [2016] FCA 123

FEDERAL COURT OF AUSTRALIA

SZUUR v Minister for Immigration and Border Protection [2016] FCA 123 Appeal from: SZUUR v Minister for Immigration & Border Protection [2015] FCCA 2532

File number: NSD 1311 of 2015

Judge: FARRELL J

Date of judgment: 18 February 2016

Catchwords: MIGRATION – whether the appellants were denied procedural fairness in circumstances where the Tribunal proceeded to determine their review application when the appellants failed to attend the scheduled hearing – where the appellants misspelt their street name (omitting the letter 'r') in the "Your contact details in Australia" and "Where do you want us to send correspondence about your application" sections of the application for review form lodged with the Tribunal – where the invitation to attend the Tribunal hearing was sent to that address – where the appellants allege that the invitation was sent to the wrong address and that they did not receive it – where the street name was similarly misspelt in documents provided to the Department and the Federal Circuit Court – where the appellants admitted to having received other documents sent to the address with the misspelt street name – whether the appellants were deemed to have received the invitation to attend the Tribunal hearing – consideration of ss 425, 441A and 441C of the Migration Act 1958 (Cth)

Legislation: Migration Act 1958 (Cth) ss 36(2), 425, 425A, 426A, 441A, 441C

Cases cited: Minister for Immigration and Multicultural Affairs v Singh (2000) 98 FCR 77; [2000] FCA 377 Minister for Immigration and Citizenship v SZIZO (2009) 238 CLR 627 SZUUR v Minister for Immigration & Border Protection [2015] FCCA 2532 Xie v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCAFC 172