SZJUT v Minister for Immigration and Citizenship [2007] FCA 1127

SZJUT v Minister for Immigration and Citizenship [2007] FCA 1127

Leave to appeal was refused because the proposed grounds were in substance the same as those rejected by the Federal Magistrate, challenged factual and credibility findings that were open to the Tribunal on the material before it, and did not show that the Federal Magistrate's decision was attended by sufficient doubt to warrant reconsideration by a Full Court.

Jurisdiction
Australia
Judgment Date
01 August 2007
Procedural Posture
Application for Leave to Appeal Against an Order of a Federal Magistrate Dismissing an Application for Judicial Review of a Refugee Review Tribunal Decision Refusing Protection (class Xa) Visas / Federal Court Application for Leave to Appeal
Outcome
Application dismissed with costs; leave to appeal refused.
Legal Topics
['protection Visa' 'refugee Review Tribunal' 'judicial Review' 'leave to Appeal' 'credibility Findings' 'jurisdictional Error']
['migration Law' 'refugee Law' 'administrative Law'] ['protection Visa' 'refugee Review Tribunal' 'judicial Review' 'leave to Appeal' 'credibility Findings' 'jurisdictional Error']

Case Brief

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Procedural Posture

Application for Leave to Appeal Against an Order of a Federal Magistrate Dismissing an Application for Judicial Review of a Refugee Review Tribunal Decision Refusing Protection (class Xa) Visas / Federal Court Application for Leave to Appeal

Legal Issues

  1. 1 ["Whether leave to appeal should be granted from the Federal Magistrate's order dismissing judicial review" "Whether the Federal Magistrate erred by not finding that the Tribunal failed to assess the applicants' refugee claims in a constructive and articulate manner" 'Whether the Tribunal failed to comply with s 415 of the Migration Act 1958 (Cth)' 'Whether the Tribunal failed to apply s 91R of the Migration Act 1958 (Cth) properly' "Whether the Tribunal's adverse credibility findings were open on the material before it"]

Ratio Decidendi

Leave to appeal was refused because the proposed grounds were in substance the same as those rejected by the Federal Magistrate, challenged factual and credibility findings that were open to the Tribunal on the material before it, and did not show that the Federal Magistrate's decision was attended by sufficient doubt to warrant reconsideration by a Full Court.

Court Disposition

Application dismissed with costs; leave to appeal refused.

Orders

  • ['The application be dismissed with costs.']