SZEND v Minister for Immigration and Multicultural and Indigenous Affairs [2006] FCA 581

SZEND v Minister for Immigration and Multicultural and Indigenous Affairs [2006] FCA 581

The Refugee Review Tribunal’s decision was set aside due to failure to comply with s 424A of the Migration Act 1958, with orders for certiorari and mandamus to issue and each party to bear its own costs.

Parties
Appellant: SZEND; First Respondent: Minister for Immigration and Multicultural and Indigenous Affairs; Second Respondent: Refugee Review Tribunal
Jurisdiction
Australia
Judgment Date
17 May 2006
Procedural Posture
Appeal / Judgment
Outcome
appeal allowed
Legal Topics
Judicial Review, Procedural Fairness
Administrative Law Immigration Law Judicial Review Procedural Fairness

Case Brief

Summary, issues, holding and outcome

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Parties

SZEND

Appellant

Minister for Immigration and Multicultural and Indigenous Affairs

First Respondent

Refugee Review Tribunal

Second Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the Refugee Review Tribunal failed to observe the requirements of s 424A of the Migration Act 1958.

Ratio Decidendi

The Refugee Review Tribunal’s decision was set aside due to failure to comply with s 424A of the Migration Act 1958, with orders for certiorari and mandamus to issue and each party to bear its own costs.

Court Disposition

appeal allowed

Orders

  • The appeal be allowed and the orders of the Federal Magistrates Court set aside.
  • A writ of certiorari issue quashing the decision of the Refugee Review Tribunal dated 12 August 2004.