SZKTI v Minister for Immigration and Citizenship [2008] FCA 328

SZKTI v Minister for Immigration and Citizenship [2008] FCA 328

The Court found it appropriate in the interests of justice to refer the appellant to counsel and adjourned the hearing, as there is no clear authority on whether the tribunal's telephone procedure was lawful under s 424, and these issues warranted legal assistance.

Jurisdiction
Australia
Judgment Date
04 March 2008
Procedural Posture
Appeal / Interlocutory Order/adjourning Hearing
Outcome
Hearing adjourned; matter referred to counsel; procedural directions made
Legal Topics
['tribunal Procedure' 'administrative Law' 'migration Act – S 424']
['migration'] ['tribunal Procedure' 'administrative Law' 'migration Act – S 424']

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Procedural Posture

Appeal / Interlocutory Order/adjourning Hearing

Legal Issues

  1. 1 ["Whether the tribunal's procedure of telephoning a person for information was authorised under s 424(1) of the Migration Act 1958 (Cth)" 'Whether the invitation for additional information must be in writing under s 424(2) of the Migration Act 1958 (Cth)' 'Whether any procedural irregularity was cured by subsequent written notice under s 424A(1)']

Ratio Decidendi

The Court found it appropriate in the interests of justice to refer the appellant to counsel and adjourned the hearing, as there is no clear authority on whether the tribunal's telephone procedure was lawful under s 424, and these issues warranted legal assistance.

Court Disposition

Hearing adjourned; matter referred to counsel; procedural directions made

Orders

  • ['The appellant is referred to Richard Lancaster of Counsel for legal assistance.' 'Leave granted to the appellant to file and serve an amended notice of appeal on or before 28 March 2008.' 'The appellant to file and serve written submissions on the appeal on or before 22 April 2008.' 'The first respondent to file...