SZLSM v Minister for Immigration and Citizenship [2009] FCA 537

SZLSM v Minister for Immigration and Citizenship [2009] FCA 537

The appeal was dismissed because the Federal Magistrate did not err in holding that the appellants' father acted as their common law guardian and representative, so information he gave on their behalf was treated as information from the appellants and was excluded from s 424A(1). The matters relied upon by the appellants were either not 'information' for s 424A purposes, were information supplied during the earlier decision process, or were independent country information excluded by s 424A(3). Section 424AA was not engaged, and in any event the country information exception applied consistently with SZMCD. The additional claim based on being Bangladeshi minors born outside Bangladesh was...

Jurisdiction
Australia
Judgment Date
25 May 2009
Procedural Posture
Migration Appeal From the Federal Magistrates Court of Australia / Appeal Against Dismissal of an Application for Judicial Review of a Refugee Review Tribunal Decision Affirming Refusal of Protection (class Xa) Visas
Outcome
Appeal dismissed with costs.
Legal Topics
['protection Visas' 'refugee Review Tribunal Procedure' 'common Law Guardianship' 'migration Act 1958 (cth) S 424 A' 'migration Act 1958 (cth) S 424 Aa' 'procedural Fairness' 'country Information' 'unarticulated Claims' 'referral to Full Court']
['migration Law' 'administrative Law' 'practice and Procedure'] ['protection Visas' 'refugee Review Tribunal Procedure' 'common Law Guardianship' 'migration Act 1958 (cth) S 424 A' 'migration Act 1958 (cth) S 424 Aa' 'procedural Fairness' 'country Information' 'unarticulated Claims' 'referral to Full Court']

Case Brief

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Procedural Posture

Migration Appeal From the Federal Magistrates Court of Australia / Appeal Against Dismissal of an Application for Judicial Review of a Refugee Review Tribunal Decision Affirming Refusal of Protection (class Xa) Visas

Legal Issues

  1. 1 ["Whether the appellants' father acted as their common law guardian and representative before the Tribunal." "Whether information provided by the appellants' father was information provided by the appellants and excluded from s 424A(1) by s 424A(3)(b) of the Migration Act 1958 (Cth)." "Whether the Tribunal's s 424A letter complied with s 424A(1)(b) and s 424A(2) of the Migration Act 1958 (Cth)." 'Whether the Tribunal failed to comply with s 424AA of the Migration Act 1958 (Cth) when referring to independent country information at the hearing.' 'Whether the appeal should be referred to a Full Court under s 25(1AA)(b) of the Federal Court of Australia Act 1976 (Cth).' 'Whether the Tribunal failed to consider an apparent claim that the appellants feared persecution as Bangladeshi minors born outside Bangladesh.']

Ratio Decidendi

The appeal was dismissed because the Federal Magistrate did not err in holding that the appellants' father acted as their common law guardian and representative, so information he gave on their behalf was treated as information from the appellants and was excluded from s 424A(1). The matters relied upon by the appellants were either not 'information' for s 424A purposes, were information supplied during the earlier decision process, or were independent country information excluded by s 424A(3). Section 424AA was not engaged, and in any event the country information exception applied consistently with SZMCD. The additional claim based on being Bangladeshi minors born outside Bangladesh was...

Court Disposition

Appeal dismissed with costs.

Orders

  • ['The appeal be dismissed.' 'The Appellants pay the costs of the First Respondent in the amount of $2,600 pursuant to O 62 r 4(2)(c) of the Federal Court Rules (Cth).']