SZBYR v Minister for Immigration and Citizenship [2007] HCA 26

HIGH COURT OF AUSTRALIA

GLEESON CJ

GUMMOW, KIRBY, HAYNE, CALLINAN, HEYDON AND CRENNAN JJ

SZBYR & ANOR APPELLANTS

AND

MINISTER FOR IMMIGRATION

AND CITIZENSHIP & ANOR RESPONDENTS

SZBYR v Minister for Immigration and Citizenship

[2007] HCA 26

13 June 2007

S3/2007

ORDER

Appeal dismissed with costs.

On appeal from the Federal Court of Australia

Representation

G O'L Reynolds SC with C D Jackson and M A Izzo for the appellants (instructed by Kazi & Associates)

R J Beech-Jones SC with J A C Potts for the first respondent (instructed by Clayton Utz Lawyers)

Submitting appearance for the second respondent

Notice: This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.

CATCHWORDS

SZBYR v Minister for Immigration and Citizenship

Immigration – Refugees – The appellants were refused a visa under s 36(2) of the Migration Act 1958 (Cth) ("the Act") – The appellants gave a statutory declaration to the Refugee Review Tribunal ("the Tribunal") – The Tribunal affirmed the decision not to grant a visa partly on the basis of discrepancies between the statutory declaration and the appellants' oral evidence – Whether relief was available to the appellants.

Immigration – Refugees – s 424A of the Act, read with s 441A, requires that an applicant be given written notice of particulars of any information that would be a reason or a part of the reason for affirming a decision – Whether s 424A applied to the appellants' statutory declaration – Temporal scope of s 424A – Whether the Tribunal breached s 424A – Whether the Tribunal committed jurisdictional error – Meaning of "information" – Whether "information" included discrepancies or inadequacies in previously submitted evidence – Meaning of "reason, or a part of the reason".

Administrative law – Constitutional writs – Certiorari and mandamus – Impact of discretionary considerations governing availability of relief – Whether relief should be denied on discretionary grounds for lack of a Convention nexus.