SZJVD v Minister For Immigration and Citizenship [2007] FCA 1302

SZJVD v Minister For Immigration and Citizenship [2007] FCA 1302

The appeal was dismissed because the grounds were unparticularised or unsupported, the Court could not revisit the factual merits, and the Tribunal's independent findings that there was no real chance of similar future harm and that internal relocation within Bangladesh was reasonable were open on the evidence. Any possible error concerning the meaning of "systematic and discriminatory conduct" did not affect those dispositive findings.

Jurisdiction
Australia
Judgment Date
09 August 2007
Procedural Posture
Appeal From the Federal Magistrates Court of Australia Concerning Judicial Review of a Refugee Review Tribunal Decision Affirming Refusal of Protection Visas / Appeal
Outcome
Appeal dismissed.
Legal Topics
['protection Visas' 'refugee Review Tribunal' 'judicial Review' 'jurisdictional Error' 'natural Justice' 'well Founded Fear of Persecution' 'convention Reason' 'systematic and Discriminatory Conduct' 'internal Relocation' 'migration Act 1958 (cth) S 91 R(3)']
['migration Law' 'administrative Law'] ['protection Visas' 'refugee Review Tribunal' 'judicial Review' 'jurisdictional Error' 'natural Justice' 'well Founded Fear of Persecution' 'convention Reason' 'systematic and Discriminatory Conduct' 'internal Relocation' 'migration Act 1958 (cth) S 91 R(3)']

Case Brief

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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 Visas / Appeal

Legal Issues

  1. 1 ['Whether the Federal Magistrate erred by failing to find that the Tribunal failed to respond to the material facts of the case.' 'Whether the Federal Magistrate erred by failing to find that the Tribunal deprived the appellant of natural justice.' "Whether the Tribunal's treatment of the 1996 house attack and the February 1999 rickshaw incident disclosed reviewable error in relation to persecution, systematic and discriminatory conduct, and real chance of future harm." "Whether the Tribunal's finding that it was reasonable for the appellant to relocate within Bangladesh was open." 'Whether leave should be given to the first respondent to rely on the notice of contention dated 6 August 2007.']

Ratio Decidendi

The appeal was dismissed because the grounds were unparticularised or unsupported, the Court could not revisit the factual merits, and the Tribunal's independent findings that there was no real chance of similar future harm and that internal relocation within Bangladesh was reasonable were open on the evidence. Any possible error concerning the meaning of "systematic and discriminatory conduct" did not affect those dispositive findings.

Court Disposition

Appeal dismissed.

Orders

  • ['The first respondent be given leave to rely upon the notice of contention dated 6 August 2007.' 'The appeal be dismissed.' 'The first and second appellants pay the costs of the first respondent.']