SZKAM v Minister for Immigration and Citizenship [2007] FCA 1835

SZKAM v Minister for Immigration and Citizenship [2007] FCA 1835

The newspaper reports referred only to the abduction of a child and the woman alleged to have been responsible, and contained nothing suggesting that the appellant was implicated or suspected. They therefore were not, and could not have been, the reason or part of the reason for the Tribunal's rejection of the appellant's claim to have a well-founded fear of persecution for a Convention reason. The Tribunal's reasoning about why the reports did not support the appellant's account was not information within s 424A. The sole ground of appeal therefore failed.

Jurisdiction
Australia
Judgment Date
23 November 2007
Procedural Posture
Appeal From Orders of the Federal Magistrates Court Dismissing an Application for Judicial Review of a Refugee Review Tribunal Decision Affirming Refusal of Protection Visas / Appeal to the Federal Court; Appeal Dismissed
Outcome
Appeal dismissed with costs.
Legal Topics
['protection Visa' 'refugee Review Tribunal' 'judicial Review' 'jurisdictional Error' 'migration Act 1958 (cth) S 424 A' 'procedural Fairness' 'credibility Findings']
['migration Law' 'administrative Law'] ['protection Visa' 'refugee Review Tribunal' 'judicial Review' 'jurisdictional Error' 'migration Act 1958 (cth) S 424 A' 'procedural Fairness' 'credibility Findings']

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Procedural Posture

Appeal From Orders of the Federal Magistrates Court Dismissing an Application for Judicial Review of a Refugee Review Tribunal Decision Affirming Refusal of Protection Visas / Appeal to the Federal Court; Appeal Dismissed

Legal Issues

  1. 1 ['Whether the Tribunal contravened s 424A of the Migration Act 1958 (Cth) by relying on newspaper reports without giving the appellant an opportunity to comment.' "Whether the newspaper reports were the reason or part of the reason for affirming the delegate's decision." 'Whether the newspaper reports fell within the exception in s 424A(3)(b) because they had been given to the Tribunal by the appellant for the purpose of his application.']

Ratio Decidendi

The newspaper reports referred only to the abduction of a child and the woman alleged to have been responsible, and contained nothing suggesting that the appellant was implicated or suspected. They therefore were not, and could not have been, the reason or part of the reason for the Tribunal's rejection of the appellant's claim to have a well-founded fear of persecution for a Convention reason. The Tribunal's reasoning about why the reports did not support the appellant's account was not information within s 424A. The sole ground of appeal therefore failed.

Court Disposition

Appeal dismissed with costs.

Orders

  • ['The appeal be dismissed.' "The first and second appellants pay the first respondent's costs to be taxed in default of agreement."]