SZAEG v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 177

SZAEG v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 177

The Federal Magistrate's finding—that notification of change of address was not received by the RRT, and so notice was properly sent to the last address for service—was supported by the evidence, making the procedural fairness argument unsustainable.

Parties
First Appellant: SZAEG; Second Appellant: SZAEH; Third Appellant: SZAEI; Fourth Appellant: SZAEJ; Fifth Appellant: SZAEK; Sixth Appellant: SZAEL; Respondent: Minister for Immigration and Multicultural and Indigenous Affairs
Jurisdiction
Australia
Judgment Date
07 July 2004
Procedural Posture
Appeal / Full Federal Court Appeal From Federal Magistrates Court
Outcome
Appeal dismissed
Legal Topics
Procedural Fairness, Notice of Hearing, Change of Address Notification, Refugee Review Tribunal Procedures
Migration Law Administrative Law Procedural Fairness Notice of Hearing Change of Address Notification Refugee Review Tribunal Procedures

Case Brief

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Parties

SZAEG

First Appellant

SZAEH

Second Appellant

SZAEI

Third Appellant

SZAEJ

Fourth Appellant

SZAEK

Fifth Appellant

SZAEL

Sixth Appellant

Minister for Immigration and Multicultural and Indigenous Affairs

Respondent

Procedural Posture

Appeal / Full Federal Court Appeal From Federal Magistrates Court

Legal Issues

  1. 1 Whether the Refugee Review Tribunal failed to provide procedural fairness by not notifying the appellants of the invitation to appear due to alleged failure to receive notice of change of address.

Ratio Decidendi

The Federal Magistrate's finding—that notification of change of address was not received by the RRT, and so notice was properly sent to the last address for service—was supported by the evidence, making the procedural fairness argument unsustainable.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed.