SZEWN v Minister for Immigration and Citizenship [2007] FCA 1163

SZEWN v Minister for Immigration and Citizenship [2007] FCA 1163

Leave to appeal was refused because the Tribunal and the Federal Magistrate were entitled to find that the evidence did not establish any subjective or objective fear of persecution, no reviewable error was identified, the photographs were not before the Tribunal or the Federal Magistrates Court and could not assist on appeal, and no substantial injustice was likely to result from refusing leave.

Jurisdiction
Australia
Judgment Date
31 July 2007
Procedural Posture
Application for Leave to Appeal From a Judgment of the Federal Magistrates Court Dismissing an Application for Review of a Refugee Review Tribunal Decision Refusing a Protection Visa / Leave to Appeal
Outcome
Application for leave to appeal dismissed with costs.
Legal Topics
['protection Visa' 'refugee Review Tribunal' 'judicial Review' 'leave to Appeal' 'well Founded Fear of Persecution' 'internal Relocation']
['immigration Law' 'administrative Law'] ['protection Visa' 'refugee Review Tribunal' 'judicial Review' 'leave to Appeal' 'well Founded Fear of Persecution' 'internal Relocation']

Case Brief

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Procedural Posture

Application for Leave to Appeal From a Judgment of the Federal Magistrates Court Dismissing an Application for Review of a Refugee Review Tribunal Decision Refusing a Protection Visa / Leave to Appeal

Legal Issues

  1. 1 ["Whether leave to appeal should be granted from the Federal Magistrates Court decision dismissing review of the Tribunal's refusal of protection visas." 'Whether the Tribunal or the Federal Magistrate made a reviewable error in relation to findings about the alleged fire, fear of persecution, and relocation within India.' 'Whether photographs not before the Tribunal or the Federal Magistrates Court could assist the appellant on the appeal.']

Ratio Decidendi

Leave to appeal was refused because the Tribunal and the Federal Magistrate were entitled to find that the evidence did not establish any subjective or objective fear of persecution, no reviewable error was identified, the photographs were not before the Tribunal or the Federal Magistrates Court and could not assist on appeal, and no substantial injustice was likely to result from refusing leave.

Court Disposition

Application for leave to appeal dismissed with costs.

Orders

  • ['The application for leave to appeal is dismissed with costs.']