Minister for Immigration and Citizenship v SZGUR

HIGH COURT OF AUSTRALIAFRENCH CJ,GUMMOW, HEYDON, CRENNAN AND KIEFEL JJMINISTER FOR IMMIGRATION & CITIZENSHIP  APPELLANTANDSZGUR & ANOR  RESPONDENTSMinister for Immigration & Citizenship v SZGUR [2011] HCA 12 February 2011S179/2010ORDER1.     Appeal allowed.2.Set aside paragraphs 1 and 2(a) and (b) of the order of the Federal Court of Australia made on 4 March 2010, as varied by the order of that Court made on 26 March 2010, and in their place order that the appeal to that Court be dismissed.3.     The appellant pay the costs of the first respondent in this Court.On appeal from the Federal Court of AustraliaRepresentationS B Lloyd SC with G R Kennett for the appellant (instructed by Clayton Utz Lawyers)G C Lindsay SC with L J Karp for the first respondent (instructed by Dobbie and Devine Immigration Lawyers Pty Ltd)Submitting appearance for the second respondentNotice:  This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.CATCHWORDSMinister for Immigration & Citizenship v SZGUR Immigration – Refugees – Review by Refugee Review Tribunal ("RRT") –Where visa applicant's migration agent asked RRT to arrange "independent assessment of [applicant's] mental health, if required" – Section 427(1)(d) Migration Act 1958 (Cth) gave RRT power to require Secretary to arrange for making of medical examination – Whether duty on RRT to consider exercising power under s 427(1)(d) – Whether general duty to inquire.Words and phrases – "information".Migration Act 1958 (Cth), ss 424, 424A, 427(1)(d), 430.FRENCH CJ and KIEFEL J.IntroductionThe function of the Refugee Review...