SZUDB v Minister for Immigration and Border Protection [2016] FCA 1394

SZUDB v Minister for Immigration and Border Protection [2016] FCA 1394

None of the appellants' grounds of appeal demonstrated error by the Federal Circuit Court judge; the findings and evaluation of evidence by the RRT and FCC were open to them and did not constitute jurisdictional error.

Parties
First Appellant: SZUDB; Second Appellant: SZUDC; First Respondent: Minister for Immigration and Border Protection; Second Respondent: Administrative Appeals Tribunal
Jurisdiction
Australia
Judgment Date
02 November 2016
Procedural Posture
Appeal / Judgment
Outcome
Appeal dismissed
Legal Topics
Judicial Review, Protection Visas, Jurisdictional Error

Case Brief

Summary, issues, holding and outcome

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Parties

SZUDB

First Appellant

SZUDC

Second Appellant

Minister for Immigration and Border Protection

First Respondent

Administrative Appeals Tribunal

Second Respondent

Procedural Posture

Appeal / Judgment

  1. 1 Whether the Refugee Review Tribunal failed to make an obvious inquiry about a critical fact
  2. 2 Whether the appellants had a well-founded fear of persecution by reason of political activity or religious faith
  3. 3 Whether there are substantial grounds for believing the appellants faced a real risk of suffering significant harm if removed to Bangladesh

Ratio Decidendi

None of the appellants' grounds of appeal demonstrated error by the Federal Circuit Court judge; the findings and evaluation of evidence by the RRT and FCC were open to them and did not constitute jurisdictional error.

Court Disposition

Appeal dismissed

Orders

  • The Appellant's wife SZUDC be added as the Second Appellant to the proceedings.
  • The appeal is dismissed.