SZEIV v Minister for Immigration & Multicultural & Indigenous Affairs [2006] FCA 1798

SZEIV v Minister for Immigration & Multicultural & Indigenous Affairs [2006] FCA 1798

Leave to appeal and to raise new grounds was refused because the proposed grounds had no prospects of success. The political opinion claim had been abandoned and did not arise clearly before the Tribunal; the alleged s 424A and s 425 errors were not established; the Tribunal's findings about harassment, extortion, relocation and communal violence were open on the material; and the allegations against prior representatives were unsupported by admissible evidence and did not show jurisdictional error.

Jurisdiction
Australia
Judgment Date
21 December 2006
Procedural Posture
Migration Appeal/application for Leave to Appeal From the Federal Magistrates Court of Australia / Applications for Extension of Time and Leave to Appeal
Outcome
The applications were dismissed; leave to file a notice of appeal was refused; leave to rely on proposed new grounds was refused.
Legal Topics
['protection Visa' 'refugee Review Tribunal' 'jurisdictional Error' 'abandoned Claims' 'procedural Fairness' 'section 424 a Adverse Information' 'section 425 Hearing Invitation' 'relocation' 'leave to Raise New Grounds on Appeal']
['migration Law' 'administrative Law'] ['protection Visa' 'refugee Review Tribunal' 'jurisdictional Error' 'abandoned Claims' 'procedural Fairness' 'section 424 a Adverse Information' 'section 425 Hearing Invitation' 'relocation' 'leave to Raise New Grounds on Appeal']

Case Brief

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Procedural Posture

Migration Appeal/application for Leave to Appeal From the Federal Magistrates Court of Australia / Applications for Extension of Time and Leave to Appeal

Legal Issues

  1. 1 ['Whether the Tribunal committed jurisdictional error by failing to consider a claim of persecution for political or imputed political opinion that had been raised in the protection visa application but not advanced before the Tribunal.' 'Whether the Tribunal failed to comply with s 424A(1) of the Migration Act 1958 (Cth).' 'Whether the Tribunal made a finding of fact without evidence about the reason for harassment of the applicants.' 'Whether the Tribunal failed to consider a claim that harassment over land was a pretext for extortion targeted at the applicants because of race.' 'Whether the Tribunal misapplied the test for relocation within Fiji.' "Whether the Tribunal breached s 425 of the Migration Act 1958 (Cth) by permitting exchanges with the applicants' solicitor that were not interpreted." 'Whether the Tribunal considered a claim different from that put to it.' 'Whether leave should be granted to raise new grounds and adduce fresh evidence on appeal.']

Ratio Decidendi

Leave to appeal and to raise new grounds was refused because the proposed grounds had no prospects of success. The political opinion claim had been abandoned and did not arise clearly before the Tribunal; the alleged s 424A and s 425 errors were not established; the Tribunal's findings about harassment, extortion, relocation and communal violence were open on the material; and the allegations against prior representatives were unsupported by admissible evidence and did not show jurisdictional error.

Court Disposition

The applications were dismissed; leave to file a notice of appeal was refused; leave to rely on proposed new grounds was refused.

Orders

  • ['The applications are dismissed.' "The applicants are to pay the first respondent's costs."]