SZEVJ v Minister for Immigration & Multicultural Affairs[2006] FCA 1588

SZEVJ v Minister for Immigration & Multicultural Affairs[2006] FCA 1588

The Tribunal failed to comply with s 424A(1) of the Migration Act 1958 (Cth) by not putting to the appellant his answer to Question 12, which was not before the Tribunal, thus constituting jurisdictional error.

Parties
Appellant: SZEVJ; Respondent: Minister for Immigration and Multicultural Affairs; Second Respondent: Refugee Review Tribunal
Jurisdiction
Australia
Judgment Date
17 November 2006
Procedural Posture
Appeal / Post Judgment (reasons for Orders Made by Consent)
Outcome
appeal allowed
Legal Topics
Jurisdictional Error, Procedural Fairness, Certiorari, Mandamus
Migration Law Administrative Law Jurisdictional Error Procedural Fairness Certiorari Mandamus

Case Brief

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Parties

SZEVJ

Appellant

Minister for Immigration and Multicultural Affairs

Respondent

Refugee Review Tribunal

Second Respondent

Procedural Posture

Appeal / Post Judgment (reasons for Orders Made by Consent)

Legal Issues

  1. 1 Whether the Refugee Review Tribunal failed to comply with s 424A of the Migration Act 1958 (Cth)
  2. 2 Whether failure to put to the appellant his answer to Question 12 constituted jurisdictional error

Ratio Decidendi

The Tribunal failed to comply with s 424A(1) of the Migration Act 1958 (Cth) by not putting to the appellant his answer to Question 12, which was not before the Tribunal, thus constituting jurisdictional error.

Court Disposition

appeal allowed

Orders

  • The Refugee Review Tribunal be joined as second respondent to the appeal.
  • The appeal be allowed.