SZJQD v Minister for Immigration and Citizenship [2007] FCA 746

SZJQD v Minister for Immigration and Citizenship [2007] FCA 746

The only proposed ground of appeal was misconceived because the information complained of fell within exceptions to s 424A: documents supplied by the applicant were information he gave for the purpose of the application, and general country information was not specifically about him. The Federal Magistrate was therefore right to reject the alleged breach of s 424A, and leave to appeal was dismissed.

Jurisdiction
Australia
Judgment Date
11 May 2007
Procedural Posture
Migration Appeal From the Federal Magistrates Court of Australia / Application for Leave to Appeal
Outcome
Application dismissed; the first applicant ordered to pay the first respondent's costs fixed at $1,000.
Legal Topics
['protection Visa' 'refugee Review Tribunal' 'section 424 a of the Migration Act 1958 (cth)' 'convention Reason' 'leave to Appeal']
['migration Law' 'administrative Law' 'refugee Law'] ['protection Visa' 'refugee Review Tribunal' 'section 424 a of the Migration Act 1958 (cth)' 'convention Reason' 'leave to Appeal']

Case Brief

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Procedural Posture

Migration Appeal From the Federal Magistrates Court of Australia / Application for Leave to Appeal

Legal Issues

  1. 1 ["Whether the Federal Magistrate failed to find that the Refugee Review Tribunal's decision was in breach of s 424A of the Migration Act 1958 (Cth)." 'Whether s 424A applied to documents supplied by the applicant or to general country information considered by the Tribunal.']

Ratio Decidendi

The only proposed ground of appeal was misconceived because the information complained of fell within exceptions to s 424A: documents supplied by the applicant were information he gave for the purpose of the application, and general country information was not specifically about him. The Federal Magistrate was therefore right to reject the alleged breach of s 424A, and leave to appeal was dismissed.

Court Disposition

Application dismissed; the first applicant ordered to pay the first respondent's costs fixed at $1,000.

Orders

  • ['The application be dismissed.' 'The first applicant pay the costs of the first respondent, fixed in the sum of $1,000.']