SZAYW v Minister for Immigration and Multicultural and Indigenous Affairs

The appellant, SZAYW, sought judicial review of a decision by the Refugee Review Tribunal concerning his application for a protection visa. The core of the dispute centred on whether the Tribunal's hearing of his application, which was conducted in the presence of other visa applicants, satisfied the requirement under section 429 of the *Migration Act 1958* (Cth) that such hearings be conducted "in private". The matter came before the High Court of Australia.

The High Court was required to determine the meaning of the phrase "in private" as used in section 429 of the *Migration Act 1958* (Cth). Specifically, the Court had to consider whether the presence of other visa applicants during the appellant's hearing constituted a breach of this statutory requirement.

The Court reasoned that the appellant had not established a non-compliance with section 429. Consequently, it was unnecessary for the Court to determine whether a failure to comply with section 429 would constitute a jurisdictional error, nor was it necessary to consider discretionary relief. The appeal was dismissed with costs.