SZBYR v Minister for Immigration and Citizenship

HIGH COURT OF AUSTRALIAGLEESON CJGUMMOW, KIRBY, HAYNE, CALLINAN, HEYDON AND CRENNAN JJSZBYR & ANOR   APPELLANTSANDMINISTER FOR IMMIGRATION AND CITIZENSHIP & ANOR  RESPONDENTSSZBYR v Minister for Immigration and Citizenship[2007] HCA 2613 June 2007S3/2007ORDERAppeal dismissed with costs.On appeal from the Federal Court of AustraliaRepresentationG O'L Reynolds SC with C D Jackson and M A Izzo for the appellants (instructed by Kazi & Associates)R J Beech-Jones SC with J A C Potts for the first respondent (instructed by Clayton Utz Lawyers)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.CATCHWORDSSZBYR v Minister for Immigration and CitizenshipImmigration – Refugees – The appellants were refused a visa under s 36(2) of the Migration Act 1958 (Cth) ("the Act") – The appellants gave a statutory declaration to the Refugee Review Tribunal ("the Tribunal") – The Tribunal affirmed the decision not to grant a visa partly on the basis of discrepancies between the statutory declaration and the appellants' oral evidence – Whether relief was available to the appellants.Immigration – Refugees – s 424A of the Act, read with s 441A, requires that an applicant be given written notice of particulars of any information that would be a reason or a part of the reason for affirming a decision – Whether s 424A applied to the appellants' statutory declaration – Temporal scope of s 424A – Whether the Tribunal breached s 424A – Whether the Tribunal committed jurisdictional error – Meaning...