SZKJI v Minister for Immigration and Citizenship [2008] FCA 1193

SZKJI v Minister for Immigration and Citizenship [2008] FCA 1193

Reconsideration of the authority of Liu 113 FCR 541 is appropriate, and this should be done by a Full Court, as there is an arguable issue as to whether a s 425 hearing invitation is required in circumstances of Tribunal reconstitution without jurisdictional error.

Jurisdiction
Australia
Judgment Date
12 August 2008
Procedural Posture
Appeal / Directions Prior to Full Court Hearing
Outcome
The appeal is to proceed before a Full Court; further directions to be sought from the Registrar.
Legal Topics
['procedural Fairness in Tribunal Hearings' 'section 425 Migration Act' 'rehearing by Tribunal After Member Substitution']
['administrative Law' 'immigration Law'] ['procedural Fairness in Tribunal Hearings' 'section 425 Migration Act' 'rehearing by Tribunal After Member Substitution']

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Procedural Posture

Appeal / Directions Prior to Full Court Hearing

Legal Issues

  1. 1 ['Whether s 425 of the Migration Act 1958 (Cth) obliges the reconstituted Tribunal to provide a fresh invitation to appear before a new Tribunal member' 'Whether the decision in Liu v Minister for Immigration and Multicultural Affairs (2001) 113 FCR 541 should be reconsidered']

Ratio Decidendi

Reconsideration of the authority of Liu 113 FCR 541 is appropriate, and this should be done by a Full Court, as there is an arguable issue as to whether a s 425 hearing invitation is required in circumstances of Tribunal reconstitution without jurisdictional error.

Court Disposition

The appeal is to proceed before a Full Court; further directions to be sought from the Registrar.

Orders

  • ['The appeal proceed before a Full Court.' 'The parties approach the appropriate Registrar of the Court for further directions.' 'No special order as to costs; costs to date are costs of the appeal.']