SZJJD v Minister for Immigration & Citizenship [2008] FCAFC 93

SZJJD v Minister for Immigration & Citizenship [2008] FCAFC 93

The Tribunal's enquiry and the absence of replies from Uruguayan institutions concerned general information about classes of persons, namely unionists, leftists, activists and members of the Movimiento de Participación Popular. Although the internal research request was made in the context of the appellants' review and included the file number, the information was not specifically about the first appellant. It therefore fell within the exception in s 424A(3)(a), so the Tribunal was not required to provide particulars under s 424A(1) and the Federal Magistrate did not err in rejecting jurisdictional error.

Jurisdiction
Australia
Judgment Date
30 May 2008
Procedural Posture
Migration Appeal From the Federal Magistrates Court of Australia / Appeal to the Full Court of the Federal Court of Australia From Dismissal of an Application for Judicial Review of a Refugee Review Tribunal Decision
Outcome
Appeal dismissed with costs.
Legal Topics
['protection Visa' 'refugee Review Tribunal' 'judicial Review' 'jurisdictional Error' 'migration Act 1958 (cth) S 424 A' 'information About a Class of Persons']
['migration Law' 'administrative Law'] ['protection Visa' 'refugee Review Tribunal' 'judicial Review' 'jurisdictional Error' 'migration Act 1958 (cth) S 424 A' 'information About a Class of Persons']

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Procedural Posture

Migration Appeal From the Federal Magistrates Court of Australia / Appeal to the Full Court of the Federal Court of Australia From Dismissal of an Application for Judicial Review of a Refugee Review Tribunal Decision

Legal Issues

  1. 1 ["Whether the Federal Magistrate erred in failing to find that the Refugee Review Tribunal made a jurisdictional error in dismissing the appellants' application." 'Whether information obtained by the Refugee Review Tribunal from third parties, including the absence of replies from Uruguayan institutions, was information specifically about the first appellant or only about a class of persons of which he was a member within the meaning of s 424A(3)(a) of the Migration Act 1958 (Cth).']

Ratio Decidendi

The Tribunal's enquiry and the absence of replies from Uruguayan institutions concerned general information about classes of persons, namely unionists, leftists, activists and members of the Movimiento de Participación Popular. Although the internal research request was made in the context of the appellants' review and included the file number, the information was not specifically about the first appellant. It therefore fell within the exception in s 424A(3)(a), so the Tribunal was not required to provide particulars under s 424A(1) and the Federal Magistrate did not err in rejecting jurisdictional error.

Court Disposition

Appeal dismissed with costs.

Orders

  • ['The appeal be dismissed.' "The first appellant pay the first respondent's costs of the appeal."]