SZNJM v Minister for Immigration and Citizenship [2009] FCA 1295

SZNJM v Minister for Immigration and Citizenship [2009] FCA 1295

By submitting a Change of Contact Details form at the same time as the Application for Review form, and including a new postal address on the former, the appellant intended for the Tribunal to use the postal address as the last address for service. Therefore, the Tribunal complied with section 441A(4) of the Migration Act 1958 (Cth), and procedural fairness was accorded.

Parties
Appellant: SZNJM; First Respondent: Minister for Immigration and Citizenship; Second Respondent: Refugee Review Tribunal
Jurisdiction
Australia
Judgment Date
13 November 2009
Procedural Posture
Appeal / Judgment
Outcome
appeal dismissed
Legal Topics
Judicial Review, Procedural Fairness, Notice of Hearing
Administrative Law Migration Law Judicial Review Procedural Fairness Notice of Hearing

Case Brief

Summary, issues, holding and outcome

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Parties

SZNJM

Appellant

Minister for Immigration and Citizenship

First Respondent

Refugee Review Tribunal

Second Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the Tribunal gave the appellant notice of the hearing in accordance with section 441A(4) of the Migration Act 1958 (Cth)
  2. 2 Whether procedural fairness was accorded to the appellant in relation to the notice of hearing

Ratio Decidendi

By submitting a Change of Contact Details form at the same time as the Application for Review form, and including a new postal address on the former, the appellant intended for the Tribunal to use the postal address as the last address for service. Therefore, the Tribunal complied with section 441A(4) of the Migration Act 1958 (Cth), and procedural fairness was accorded.

Court Disposition

appeal dismissed

Orders

  • The appeal is dismissed.
  • The appellant is to pay the first respondent's costs.