Minister for Immigration and Citizenship v SZKTI [2009] HCA 30

HIGH COURT OF AUSTRALIA

FRENCH CJ,

HEYDON, CRENNAN, KIEFEL AND BELL JJ

MINISTER FOR IMMIGRATION AND CITIZENSHIP APPELLANT

AND

SZKTI & ANOR RESPONDENTS

Minister for Immigration and Citizenship v SZKTI [2009] HCA 30

26 August 2009

S515/2008

ORDER

1. Appeal allowed.

2. Set aside the orders made by the Full Court of the Federal Court of Australia on 28 May 2008, and in their place make the following orders:

"(a) Appeal allowed in part.

(b) Set aside Order 3 of the orders made by the Federal Magistrates Court of Australia on 22 October 2007, and in its place order that the first respondent to the application in that Court pay the applicant's costs, if any.

(c) Appeal otherwise dismissed.

(d) First respondent to pay the appellant's costs of the appeal."

3. Appellant to pay the first respondent's costs of the appeal to this Court.

On appeal from the Federal Court of Australia

Representation

S B Lloyd SC with L A Clegg for the appellant (instructed by Sparke Helmore Lawyers)

R P L Lancaster with S J Free for the first respondent (instructed by Gilbert & Tobin 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

Minister for Immigration and Citizenship v SZKTI

Immigration – Refugees – Review by Refugee Review Tribunal ("RRT") – Person telephoned, for purpose of obtaining information from that person, without procedures set out in ss 424(3) and 424B of Migration Act 1958 (Cth) ("Act") being followed – Whether RRT breached ss 424(3) and 424B of Act.

Immigration – Refugees – After hearing, RRT obtained further information – Whether information raised new and additional issues – Whether RRT was obliged by s 425(1) of Act to invite first respondent to further hearing.