SZPZQ v Minister for Immigration and Citizenship [2011] FCA 1236

SZPZQ v Minister for Immigration and Citizenship [2011] FCA 1236

The appeal was dismissed because the appellants did not demonstrate error by the Federal Magistrate or reviewable irrationality in the Tribunal's decision. The Tribunal's adverse credibility findings were open on the material, the Tribunal had considered s 91R of the Migration Act 1958 (Cth), and once it found the relevant factual claims untrue no further consideration of s 91R was required. The second ground sought impermissible merits review.

Jurisdiction
Australia
Judgment Date
31 October 2011
Procedural Posture
Appeal From the Federal Magistrates Court of Australia Concerning Judicial Review of a Refugee Review Tribunal Decision Affirming Refusal of Protection (class Xa) Visas / Federal Court Appeal From SZPZQ V Minister for Immigration and Citizenship [2011] FMCA 537
Outcome
Appeal dismissed with costs.
Legal Topics
['protection Visas' 'refugee Review Tribunal' 'judicial Review' 'adverse Credibility Findings' 'illogicality or Irrationality' 'migration Act 1958 (cth), S 91 R' 'merits Review']
['migration Law' 'administrative Law'] ['protection Visas' 'refugee Review Tribunal' 'judicial Review' 'adverse Credibility Findings' 'illogicality or Irrationality' 'migration Act 1958 (cth), S 91 R' 'merits Review']

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Procedural Posture

Appeal From the Federal Magistrates Court of Australia Concerning Judicial Review of a Refugee Review Tribunal Decision Affirming Refusal of Protection (class Xa) Visas / Federal Court Appeal From SZPZQ V Minister for Immigration and Citizenship [2011] FMCA 537

Legal Issues

  1. 1 ["Whether the Tribunal acted in a manifestly unreasonable, illogical or irrational way in dealing with the appellants' claims of persecution and harm." 'Whether the Tribunal failed to have regard to s 91R of the Migration Act 1958 (Cth).' 'Whether the Federal Magistrate erred in dismissing the application for judicial review.' "Whether the appellants' second ground impermissibly sought merits review."]

Ratio Decidendi

The appeal was dismissed because the appellants did not demonstrate error by the Federal Magistrate or reviewable irrationality in the Tribunal's decision. The Tribunal's adverse credibility findings were open on the material, the Tribunal had considered s 91R of the Migration Act 1958 (Cth), and once it found the relevant factual claims untrue no further consideration of s 91R was required. The second ground sought impermissible merits review.

Court Disposition

Appeal dismissed with costs.

Orders

  • ['The appeal be dismissed.' "The first and second appellants pay the first respondent's costs of and incidental to the appeal." 'Costs be assessed in the amount of $1,890.00.']