SZGHG v Minister for Immigration and Citizenship [2007] FCA 756

The relevant information relied on by the Tribunal was provided by the appellant for the purpose of the review; therefore, under NBKT v Minister for Immigration and Multicultural Affairs, s 424A(1) does not require the Tribunal to provide written particulars or an invitation to comment. The appeal must be dismissed as there was no jurisdictional error.

Jurisdiction: Australia
Judgment Date: 17 May 2007
Procedural Posture: Appeal / Judgment
Outcome: Appeal dismissed with costs.
Legal Topics: ['judicial Review' 'refugee Status' 'procedural Fairness' 'migration Act 1958 (cth) S 424 A']

['administrative Law' 'immigration Law'] ['judicial Review' 'refugee Status' 'procedural Fairness' 'migration Act 1958 (cth) S 424 A']

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Procedural Posture

Appeal / Judgment

Legal Issues

1 ['Whether the Refugee Review Tribunal breached s 424A of the Migration Act 1958 (Cth) by failing to provide the appellant with notice of information that would be the reason for affirming the decision under review' 'Whether the Tribunal’s reliance on the appellant’s own submissions to the delegate invoked the requirements of s 424A' 'Whether findings of fact by the Tribunal disclosed a jurisdictional error']

Ratio Decidendi

Court Disposition

Appeal dismissed with costs.

Orders

['The appeal is dismissed.' "The appellant pay the first respondent's costs of the appeal."]