SZLEM v Minister for Immigration & Citizenship [2008] FCA 1159

SZLEM v Minister for Immigration & Citizenship [2008] FCA 1159

No error was shown in the Magistrate's finding that the Tribunal complied with s 424A of the Migration Act 1958 and accorded procedural fairness; the appeal must be dismissed.

Parties
First Appellant: SZLEM; Second Appellant: SZLEN; First Respondent: Minister for Immigration and Citizenship; Second Respondent: Refugee Review Tribunal
Jurisdiction
Australia
Judgment Date
08 August 2008
Procedural Posture
Appeal / Final Judgment
Outcome
Appeal dismissed
Legal Topics
Procedural Fairness, Protection Visa, Section 424 a Migration Act
Administrative Law Immigration Law Procedural Fairness Protection Visa Section 424 a Migration Act

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 2 Party arguments 2
Sign in to unlock

Parties

SZLEM

First Appellant

SZLEN

Second Appellant

Minister for Immigration and Citizenship

First Respondent

Refugee Review Tribunal

Second Respondent

Procedural Posture

Appeal / Final Judgment

Legal Issues

  1. 1 Whether the Tribunal breached s 424A(1) of the Migration Act 1958 by failing to disclose adverse information used to affirm the decision under review.

Ratio Decidendi

No error was shown in the Magistrate's finding that the Tribunal complied with s 424A of the Migration Act 1958 and accorded procedural fairness; the appeal must be dismissed.

Court Disposition

Appeal dismissed

Orders

  • The appeal be dismissed.
  • The appellants pay the first respondent's costs of the appeal.