SZNYF v Minister for Immigration and Citizenship [2013] FCA 148

SZNYF v Minister for Immigration and Citizenship [2013] FCA 148

The appeal was dismissed because the incomplete sentence in paragraph [300] was an obvious mistake and did not establish non-compliance with s 430(1) or jurisdictional error; the Tribunal expressly rejected the relevant evidence and its reasons elsewhere explained its adverse credibility findings. Leave was not granted to rely on grounds 5-8 because they were not raised below, and in any event the s 430 argument was answered by Durairajasingham while the s 424A argument was undeveloped and unsupported, with credibility views not constituting information under s 424A.

Jurisdiction
Australia
Judgment Date
28 February 2013
Procedural Posture
Migration Appeal Concerning Dismissal of an Application to Quash a Refugee Review Tribunal Decision Affirming Refusal of Protection Visas / Appeal From the Federal Magistrates Court of Australia to the Federal Court of Australia
Outcome
Appeal dismissed with costs.
Legal Topics
['protection Visas' 'refugee Review Tribunal' 'reasons for Decision Under S 430 of the Migration Act 1958 (cth)' 'information Under S 424 a of the Migration Act 1958 (cth)' 'jurisdictional Error' 'apprehended Bias']
['migration Law' 'administrative Law'] ['protection Visas' 'refugee Review Tribunal' 'reasons for Decision Under S 430 of the Migration Act 1958 (cth)' 'information Under S 424 a of the Migration Act 1958 (cth)' 'jurisdictional Error' 'apprehended Bias']

Case Brief

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Procedural Posture

Migration Appeal Concerning Dismissal of an Application to Quash a Refugee Review Tribunal Decision Affirming Refusal of Protection Visas / Appeal From the Federal Magistrates Court of Australia to the Federal Court of Australia

Legal Issues

  1. 1 ["Whether paragraph [300] of the Tribunal's reasons demonstrated a failure to comply with s 430 of the Migration Act 1958 (Cth) and jurisdictional error" 'Whether the Tribunal failed to comply with s 424A and s 430 of the Migration Act 1958 (Cth) in respect of its finding that the second appellant was not a Catholic' 'Whether leave should be granted to rely on grounds 5-8 that were not relied upon below']

Ratio Decidendi

The appeal was dismissed because the incomplete sentence in paragraph [300] was an obvious mistake and did not establish non-compliance with s 430(1) or jurisdictional error; the Tribunal expressly rejected the relevant evidence and its reasons elsewhere explained its adverse credibility findings. Leave was not granted to rely on grounds 5-8 because they were not raised below, and in any event the s 430 argument was answered by Durairajasingham while the s 424A argument was undeveloped and unsupported, with credibility views not constituting information under s 424A.

Court Disposition

Appeal dismissed with costs.

Orders

  • ['The appeal be dismissed.' "The appellants pay the first respondent's costs in the amount of $5800."]