SZLJD v Minister for Immigration and Citizenship [2008] FCA 919

SZLJD v Minister for Immigration and Citizenship [2008] FCA 919

The applicant demonstrated sufficient doubt regarding whether the Tribunal complied with s 424A(1) and s 424(1) of the Migration Act 1958 (Cth), and showed that substantial injustice would result if leave were refused; thus, leave to appeal is granted.

Parties
Applicant: SZLJD; First Respondent: Minister for Immigration and Citizenship; Second Respondent: Refugee Review Tribunal
Jurisdiction
Australia
Judgment Date
20 June 2008
Procedural Posture
Application for Leave to Appeal / Leave to Appeal Granted
Outcome
Leave to appeal granted
Legal Topics
Procedural Fairness, Obligations of Refugee Review Tribunal, Migration Act 1958 (cth) S 424 A(1)
Migration Law Procedural Fairness Obligations of Refugee Review Tribunal Migration Act 1958 (cth) S 424 A(1)

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Parties

SZLJD

Applicant

Minister for Immigration and Citizenship

First Respondent

Refugee Review Tribunal

Second Respondent

Procedural Posture

Application for Leave to Appeal / Leave to Appeal Granted

Legal Issues

  1. 1 Whether the Tribunal complied with s 424A(1) and s 424(1) of the Migration Act 1958 (Cth)
  2. 2 Whether failing to provide information to the applicant constitutes jurisdictional error

Ratio Decidendi

The applicant demonstrated sufficient doubt regarding whether the Tribunal complied with s 424A(1) and s 424(1) of the Migration Act 1958 (Cth), and showed that substantial injustice would result if leave were refused; thus, leave to appeal is granted.

Court Disposition

Leave to appeal granted

Orders

  • The applicant be granted leave to appeal.
  • Costs are reserved.