SZKUP v Minister for Immigration & Citizenship [2008] FCA 284

SZKUP v Minister for Immigration & Citizenship [2008] FCA 284

Appellant’s arguments newly raised on appeal did not have reasonable prospects of success, were not raised before the Magistrate, and permission to advance them was refused. Appeal dismissed.

Parties
First Appellant: SZKUP; Second Appellant: SZKUQ; First Respondent: Minister for Immigration and Citizenship; Second Respondent: Refugee Review Tribunal
Jurisdiction
Australia
Judgment Date
18 February 2008
Procedural Posture
Appeal / Judgment
Outcome
Appeal dismissed
Legal Topics
Judicial Review, Protection Visa, Refugee Status, Procedural Fairness, Jurisdictional Error
Administrative Law Immigration Law Judicial Review Protection Visa Refugee Status Procedural Fairness Jurisdictional Error

Case Brief

Summary, issues, holding and outcome

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Parties

SZKUP

First Appellant

SZKUQ

Second Appellant

Minister for Immigration and Citizenship

First Respondent

Refugee Review Tribunal

Second Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the Tribunal breached procedural fairness in making its decision
  2. 2 Whether the Tribunal was in breach of s 424A of the Migration Act 1958
  3. 3 Whether the Federal Magistrate erred in law in determining that the Tribunal did not make an error of law

Ratio Decidendi

Appellant’s arguments newly raised on appeal did not have reasonable prospects of success, were not raised before the Magistrate, and permission to advance them was refused. Appeal dismissed.

Court Disposition

Appeal dismissed

Orders

  • The appeal be dismissed.
  • The appellants pay the costs of the first respondent fixed in the sum of $3,000 such costs to be paid on or before 18 August 2008.