SZFDE v Minister For Immigration and Citizenship

HIGH COURT OF AUSTRALIAGLEESON CJGUMMOW, KIRBY, HAYNE, CALLINAN, HEYDON AND CRENNAN JJSZFDE & ORS   APPELLANTSANDMINISTER FOR IMMIGRATIONAND CITIZENSHIP & ANOR   RESPONDENTSSZFDE v Minister for Immigration and Citizenship[2007] HCA 352 August 2007S118/2007ORDER1.Appeal allowed with costs.2.Set aside the orders of the Full Court of the Federal Court of Australia entered on 24 October 2006 and, in their place, order that the appeal to that Court be dismissed with costs.On appeal from the Federal Court of AustraliaRepresentationG C Lindsay SC with L J Karp for the appellants (instructed by Legal Aid Commission of New South Wales)R T Beech-Jones SC with G T Johnson for the first respondent (instructed by DLA Phillips Fox)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.CATCHWORDSSZFDE v Minister for Immigration and Citizenship Immigration – Refugees – The Refugee Review Tribunal ("the Tribunal") affirmed a decision refusing the appellants' application for protection visas – The appellants did not attend the Tribunal hearing as a result of fraudulent advice given by a purported registered migration agent – Whether there was fraud "by" or "on" the Tribunal.Immigration – Refugee Review Tribunal – Inquisitorial process – Distinction between Tribunal process and inter partes litigation – Whether fraud practised by an agent upon the applicants for a protection visa subverted the operation of Div 4 of Pt 7 of the Migration Act 1958 (Cth) – Whether this fraud led to the jurisdiction of the Tribunal remaining...