SZKLG v Minister for Immigration & Citizenship [2007] FCAFC 198 (Corrigendum dated 19 December 2007)

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FEDERAL COURT OF AUSTRALIA

SZKLG v Minister for Immigration & Citizenship [2007] FCAFC 198

CORRIGENDUM

SZKLG v MINISTER FOR IMMIGRATION AND CITIZENSHIP AND REFUGEE REVIEW TRIBUNAL

NSD 1799 OF 2007

DOWSETT, BENNETT AND EDMONDS JJ

19 DECEMBER 2007 (CORRIGENDUM 19 DECEMBER 2007)

SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	NSD 1799 OF 2007

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN:

SZKLG

Appellant

AND:

MINISTER FOR IMMIGRATION AND CITIZENSHIP

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

JUDGES:	DOWSETT, BENNETT AND EDMONDS JJ
DATE:	19 DECEMBER 2007
PLACE:	SYDNEY

CORRIGENDUM

1 In the reasons for judgment of the Honourable Justices Dowsett, Bennett and Edmonds JJ delivered today: in para 2, line 4 – delete “livedg7” and replace with “lived”;

2 In the reasons for judgment of the Honourable Justices Dowsett, Bennett and Edmonds JJ delivered today: in para 21, line 3 – delete “The section provides:” and replace with “The section at the relevant date provided:”.

3 In the reasons for judgment of the Honourable Justices Dowsett, Bennett and Edmonds JJ delivered today: in para 21 – delete the quoted section in its entirety and replace with the following:

‘(1) Subject to subsection (3), the Tribunal must:

(a) give to the applicant, in the way that the Tribunal considers appropriate in the circumstances, particulars of any information that the Tribunal considers would be the reason, or a part of the reason, for affirming the decision that is under review; and

(b) ensure, as far as is reasonably practicable, that the applicant understands why it is relevant to the review; and

(2) The information and invitation must be given to the applicant:

(a) except where paragraph (b) applies—by one of the methods specified in section 441A; or

(b) if the applicant is in immigration detention—by a method prescribed for the purposes of giving documents to such a person.

(3) This section does not apply to information:

(a) that is not specifically about the applicant to another person and is just about a class of persons of which the applicant or other person is a member; or

(b) that the applicant gave for the purpose of the application; or

I certify that the preceding three (3) numbered paragraphs are a true copy of the Corrigendum to the Reasons for Judgment herein of the Honourable Justices Dowsett, Bennett and Edmonds.

Associate:

Dated: 19 December 2007

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