SZHIZ v Minister for Immigration and Citizenship [2007] FCA 1877

SZHIZ v Minister for Immigration and Citizenship [2007] FCA 1877

The Federal Magistrate made no apparent error in upholding the Tribunal's decision. The Tribunal considered and rejected the appellants' claims, did not apply a balance of probabilities test in place of the real chance test, was not required to consider state protection once the relevant factual claim was rejected, and was entitled to assess the police reports and decide what weight to give them. The appeal therefore had to be dismissed.

Jurisdiction
Australia
Judgment Date
30 November 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 / Federal Court Appeal Dismissed
Outcome
Appeal dismissed with costs.
Legal Topics
['protection Visas' 'judicial Review' 'refugee Review Tribunal' 'well Founded Fear of Persecution' 'convention Reason' 'real Chance Test' 'state Protection' 'credibility Findings']
['migration Law' 'administrative Law' 'refugee Law'] ['protection Visas' 'judicial Review' 'refugee Review Tribunal' 'well Founded Fear of Persecution' 'convention Reason' 'real Chance Test' 'state Protection' 'credibility Findings']

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 / Federal Court Appeal Dismissed

Legal Issues

  1. 1 ["Whether the Tribunal failed to consider all integers of the appellants' claims, including whether Shining Path guerrillas believed the first appellant was a manager responsible for sacking workers." 'Whether the Tribunal applied a balance of probabilities test instead of the real chance test.' 'Whether the Tribunal was required to consider effective state protection after rejecting the claim involving distribution of leaflets for Shining Path.' 'Whether the Tribunal failed to take account of relevant considerations, including police reports and the timing of the protection visa application.']

Ratio Decidendi

The Federal Magistrate made no apparent error in upholding the Tribunal's decision. The Tribunal considered and rejected the appellants' claims, did not apply a balance of probabilities test in place of the real chance test, was not required to consider state protection once the relevant factual claim was rejected, and was entitled to assess the police reports and decide what weight to give them. The appeal therefore had to be dismissed.

Court Disposition

Appeal dismissed with costs.

Orders

  • ['The appeal be dismissed.' "The first appellant pay the first respondent's costs of the appeal."]