SZLOJ v Minister for Immigration and Citizenship [2008] FCA 1693

SZLOJ v Minister for Immigration and Citizenship [2008] FCA 1693

The Tribunal was not obliged to provide notice under s 424A for information provided by the applicants themselves, as this falls within the s 424A(3)(ba) exception, and in any event, there was no information triggering the requirements of s 424A. There was therefore no breach of s 424A and no jurisdictional error.

Parties
First Appellant: SZLOJ; Second Appellant: SZLOK; First Respondent: Minister for Immigration and Citizenship; Second Respondent: Refugee Review Tribunal
Jurisdiction
Australia
Judgment Date
10 November 2008
Procedural Posture
Appeal / Final Judgment
Outcome
appeal dismissed
Legal Topics
Migration Appeals, Procedural Fairness, Jurisdictional Error, Natural Justice, Protection Visas
Immigration Law Administrative Law Migration Appeals Procedural Fairness Jurisdictional Error Natural Justice Protection Visas

Case Brief

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Parties

SZLOJ

First Appellant

SZLOK

Second Appellant

Minister for Immigration and Citizenship

First Respondent

Refugee Review Tribunal

Second Respondent

Procedural Posture

Appeal / Final Judgment

Legal Issues

  1. 1 Whether the Refugee Review Tribunal breached section 424A of the Migration Act 1958 (Cth) by failing to disclose adverse information to the applicants, resulting in jurisdictional error.

Ratio Decidendi

The Tribunal was not obliged to provide notice under s 424A for information provided by the applicants themselves, as this falls within the s 424A(3)(ba) exception, and in any event, there was no information triggering the requirements of s 424A. There was therefore no breach of s 424A and no jurisdictional error.

Court Disposition

appeal dismissed

Orders

  • The appeal is dismissed.
  • The Appellants are to pay the First Respondent's costs of and incidental to the appeal to be taxed if not agreed.