SZRIF v Minister for Immigration and Border Protection [2017] FCA 1161

SZRIF v Minister for Immigration and Border Protection [2017] FCA 1161

The appellant's grounds of appeal were devoid of merit; the process followed complied with procedural fairness requirements outlined by the High Court in SZSSJ and no error was made by the primary judge in applying those principles or in addressing all relevant claims.

Parties
First Appellant: SZRIF; Second Appellant: SZRIG; Third Appellant: SZRIH; First Respondent: Minister for Immigration and Border Protection; Second Respondent: Secretary, Department of Immigration and Border Protection
Jurisdiction
Australia
Judgment Date
29 September 2017
Procedural Posture
Appeal / Judgment
Outcome
Appeal dismissed with costs
Legal Topics
Judicial Review, Procedural Fairness, International Treaties Obligations Assessment, Non Refoulement, Mc Kenzie Friend
Migration Law Administrative Law Human Rights Law Judicial Review Procedural Fairness International Treaties Obligations Assessment Non Refoulement Mc Kenzie Friend

Case Brief

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Parties

SZRIF

First Appellant

SZRIG

Second Appellant

SZRIH

Third Appellant

Minister for Immigration and Border Protection

First Respondent

Secretary, Department of Immigration and Border Protection

Second Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the primary judge erred in failing to distinguish the appellant's case from SZSSJ
  2. 2 Whether there was a denial of procedural fairness in the International Treaties Obligations Assessment (ITOA)
  3. 3 Whether 'vital integers' of the appellant's case were overlooked

Ratio Decidendi

The appellant's grounds of appeal were devoid of merit; the process followed complied with procedural fairness requirements outlined by the High Court in SZSSJ and no error was made by the primary judge in applying those principles or in addressing all relevant claims.

Court Disposition

Appeal dismissed with costs

Orders

  • The appeal be dismissed.
  • The first appellant pay the respondents' costs of and incidental to the appeal as agreed or assessed.