SZLVR v Minister for Immigration and Citizenship [2008] FCA 1083

SZLVR v Minister for Immigration and Citizenship [2008] FCA 1083

There was no error by the Federal Magistrate in rejecting the unparticularised claim of breach of s 424A(1) of the Migration Act; no sufficient doubt in the correctness of the decision to justify granting leave to appeal.

Parties
First Applicant: SZLVR; Second Applicant: SZLVS; First Respondent: Minister for Immigration and Citizenship; Second Respondent: Refugee Review Tribunal
Jurisdiction
Australia
Judgment Date
23 July 2008
Procedural Posture
Application for Leave to Appeal / Determination of Application for Leave to Appeal
Outcome
Application for leave to appeal dismissed
Legal Topics
Leave to Appeal, Judicial Review, Procedural Fairness, Section 424 a of Migration Act
Administrative Law Migration Law Leave to Appeal Judicial Review Procedural Fairness Section 424 a of Migration Act

Case Brief

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Parties

SZLVR

First Applicant

SZLVS

Second Applicant

Minister for Immigration and Citizenship

First Respondent

Refugee Review Tribunal

Second Respondent

Procedural Posture

Application for Leave to Appeal / Determination of Application for Leave to Appeal

Legal Issues

  1. 1 Whether there was a breach of s 424A(1) of the Migration Act 1958 (Cth) by the Refugee Review Tribunal
  2. 2 Whether the Federal Magistrate erred in rejecting claims based on procedural fairness

Ratio Decidendi

There was no error by the Federal Magistrate in rejecting the unparticularised claim of breach of s 424A(1) of the Migration Act; no sufficient doubt in the correctness of the decision to justify granting leave to appeal.

Court Disposition

Application for leave to appeal dismissed

Orders

  • The application for leave to appeal be dismissed.