SZFDE 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 constructively unexercised.

Administrative law – Constitutional writs – Mandamus and certiorari – Availability of constitutional writs in cases of fraud.

Words and Phrases – "bad faith", "does not appear", "fraud", "on the decision maker", "third party fraud".

Migration Act 1958 (Cth) – Pt 7 Div 4, ss 281, 422B, 425, 426A.