SZNPD v Minister for Immigration and Citizenship [2009] FCA 1555

SZNPD v Minister for Immigration and Citizenship [2009] FCA 1555

The only ground of appeal alleged breach of s 424A, but the information relied upon was independent country information to which s 424A did not apply by reason of s 424A(3)(a), and the appellant identified no error in the Federal Magistrate's reasoning. The proposed medical evidence and submissions about medical treatment did not bear on the procedural ground before the Court or on whether the judgment below was affected by error.

Jurisdiction
Australia
Judgment Date
24 November 2009
Procedural Posture
Appeal From the Federal Magistrates Court of Australia Dismissing an Application for Judicial Review of a Refugee Review Tribunal Decision Affirming Refusal of Protection Visas / Judgment on Appeal
Outcome
Appeals dismissed.
Legal Topics
['protection Visas' 'refugee Review Tribunal' 'judicial Review' 'jurisdictional Error' 'migration Act 1958 (cth) S 424 A' 'independent Country Information' 'new Evidence on Appeal']
['migration Law' 'administrative Law'] ['protection Visas' 'refugee Review Tribunal' 'judicial Review' 'jurisdictional Error' 'migration Act 1958 (cth) S 424 A' 'independent Country Information' 'new Evidence on Appeal']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 1 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Appeal From the Federal Magistrates Court of Australia Dismissing an Application for Judicial Review of a Refugee Review Tribunal Decision Affirming Refusal of Protection Visas / Judgment on Appeal

Legal Issues

  1. 1 ['Whether the Federal Magistrate erred in failing to find that the Tribunal breached s 424A of the Migration Act 1958 (Cth) by using adverse information without disclosure.' 'Whether documents described as medical records should be received on the appeal when they had no bearing on the stated ground of appeal.']

Ratio Decidendi

The only ground of appeal alleged breach of s 424A, but the information relied upon was independent country information to which s 424A did not apply by reason of s 424A(3)(a), and the appellant identified no error in the Federal Magistrate's reasoning. The proposed medical evidence and submissions about medical treatment did not bear on the procedural ground before the Court or on whether the judgment below was affected by error.

Court Disposition

Appeals dismissed.

Orders

  • ['The appeals be dismissed.' 'The appellants pay the costs of the first respondent.']