SZHMM v Minister for Immigration & Multicultural Affairs [2006] FCA 1541

Under binding authority and s 422B of the Migration Act, the Tribunal's procedure does not amount to denial of natural justice; therefore, the appeal must fail.

Parties: Appellant: SZHMM; First Respondent: Minister for Immigration and Multicultural Affairs; Second Respondent: Refugee Review Tribunal
Jurisdiction: Australia
Judgment Date: 13 November 2006
Procedural Posture: Appeal / Judgment on Appeal
Outcome: appeal dismissed with costs
Legal Topics: Judicial Review, Natural Justice, Operation of S 422 B Migration Act

Migration Law Administrative Law Judicial Review Natural Justice Operation of S 422 B Migration Act

Case Brief

Summary, issues, holding and outcome

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Parties

SZHMM

Appellant

Minister for Immigration and Multicultural Affairs

First Respondent

Refugee Review Tribunal

Second Respondent

Procedural Posture

Appeal / Judgment on Appeal

Legal Issues

1 Whether the Tribunal's procedure denied natural justice due to reliance on an article not disclosed to the appellant
2 Whether s 422B of the Migration Act excludes natural justice as a ground for judicial review

Ratio Decidendi

Under binding authority and s 422B of the Migration Act, the Tribunal's procedure does not amount to denial of natural justice; therefore, the appeal must fail.

Court Disposition

appeal dismissed with costs

Orders

The appeal is dismissed with costs assessed in the sum of $4000.