SZSHY v Minister for Immigration and Border Protection [2018] FCA 1233

SZSHY v Minister for Immigration and Border Protection [2018] FCA 1233

The appeal was dismissed because the Tribunal gave due consideration to all provided evidence and submissions, made credibility findings open on the available material, was not required to apply s 91R where complementary protection was the only live issue, and did not act in a manifestly unreasonable or illogical manner. No jurisdictional error or relevant legal or factual error in the Tribunal's processes or in the primary judge's reasons was established.

Jurisdiction
Australia
Judgment Date
17 August 2018
Procedural Posture
Appeal / Judgment on Appeal From the Federal Circuit Court of Australia
Outcome
Appeal dismissed
Legal Topics
['judicial Review' 'protection Visas' 'complementary Protection' 'jurisdictional Error' 'unreasonableness in Tribunal Decisions']
['migration Law' 'administrative Law'] ['judicial Review' 'protection Visas' 'complementary Protection' 'jurisdictional Error' 'unreasonableness in Tribunal Decisions']

Case Brief

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Procedural Posture

Appeal / Judgment on Appeal From the Federal Circuit Court of Australia

Legal Issues

  1. 1 ['Whether the Tribunal acted in a manifestly unreasonable way' 'Whether the Tribunal complied with s 91R of the Migration Act 1958 (Cth)' 'Whether the Tribunal properly considered legal and factual errors alleged by the appellants' "Whether the Tribunal's assessment of credibility and evidence was open and reasonable"]

Ratio Decidendi

The appeal was dismissed because the Tribunal gave due consideration to all provided evidence and submissions, made credibility findings open on the available material, was not required to apply s 91R where complementary protection was the only live issue, and did not act in a manifestly unreasonable or illogical manner. No jurisdictional error or relevant legal or factual error in the Tribunal's processes or in the primary judge's reasons was established.

Court Disposition

Appeal dismissed

Orders

  • ['The appeal is dismissed.' "The first and second appellants must pay the first respondent's costs as agreed or taxed."]