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
Legal Issues
- 1 Whether the Refugee Review Tribunal failed to make an obvious inquiry about a critical fact
- 2 Whether the appellants had a well-founded fear of persecution by reason of political activity or religious faith
- 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.
Full Case Text
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