SZEUI v Minister for Immigration and Citizenship [2008] FCA 1338

SZEUI v Minister for Immigration and Citizenship [2008] FCA 1338

The Tribunal did not breach s 425. To the extent the matters raised in the Tribunal's s 424A letter were issues within s 425, they were apparent to the appellant before the invitation to appear because he had been closely questioned about the alleged 2003 incidents and the medical certificates at the previous Tribunal hearing. The only matters not apparently raised previously, concerning the certificates all being dated the same day and not provided to the first Tribunal, did not reactivate s 425 because they were not relied on by the Tribunal or, alternatively, were so intertwined with matters already apparent that they were not issues of themselves.

Jurisdiction
Australia
Judgment Date
29 August 2008
Procedural Posture
Migration Appeal Concerning Protection Visa Review and Constitutional Writs / Appeal From an Order of the Federal Magistrates Court Dismissing an Application for Constitutional Writs Directed to the Refugee Review Tribunal
Outcome
Appeal dismissed.
Legal Topics
['protection Visas' 'refugee Review Tribunal' 'procedural Fairness' 'hearing Rule' 'migration Act 1958 (cth) S 425' 'migration Act 1958 (cth) S 424 A']
['migration Law' 'administrative Law'] ['protection Visas' 'refugee Review Tribunal' 'procedural Fairness' 'hearing Rule' 'migration Act 1958 (cth) S 425' 'migration Act 1958 (cth) S 424 A']

Case Brief

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Procedural Posture

Migration Appeal Concerning Protection Visa Review and Constitutional Writs / Appeal From an Order of the Federal Magistrates Court Dismissing an Application for Constitutional Writs Directed to the Refugee Review Tribunal

Legal Issues

  1. 1 ['Whether the Refugee Review Tribunal was obliged under s 425 of the Migration Act 1958 (Cth) to invite the appellant to a further hearing after sending a s 424A letter.' 'Whether matters identified in the s 424A letter were new issues arising in relation to the decision under review or were already apparent to the appellant from the previous Tribunal hearing.' 'Whether matters concerning the dating and prior non-production of medical certificates were issues of themselves or were intertwined with issues already apparent to the appellant.']

Ratio Decidendi

The Tribunal did not breach s 425. To the extent the matters raised in the Tribunal's s 424A letter were issues within s 425, they were apparent to the appellant before the invitation to appear because he had been closely questioned about the alleged 2003 incidents and the medical certificates at the previous Tribunal hearing. The only matters not apparently raised previously, concerning the certificates all being dated the same day and not provided to the first Tribunal, did not reactivate s 425 because they were not relied on by the Tribunal or, alternatively, were so intertwined with matters already apparent that they were not issues of themselves.

Court Disposition

Appeal dismissed.

Orders

  • ['The appeal be dismissed.' 'The first and second appellants pay the costs of the first respondent, fixed in the sum of $2700.']