SZDXZ v Minister for Immigration and Citizenship [2008] FCAFC 109

SZDXZ v Minister for Immigration and Citizenship [2008] FCAFC 109

It was more likely than not that the Tribunal considered the Police letter, but was not required to refer to it expressly, as it added no new claim or integer to the appellants' case and had little, if any, probative value. The Tribunal did not fail to consider a relevant matter or to accord procedural fairness.

Parties
First Appellant: SZDXZ; Second Appellant: SZDYA; Third Appellant: SZDXT; First Respondent: Minister for Immigration and Citizenship; Second Respondent: Refugee Review Tribunal
Jurisdiction
Australia
Judgment Date
19 June 2008
Procedural Posture
Appeal / Judgment of Full Court on Appeal From Federal Magistrates Court
Outcome
appeal dismissed
Legal Topics
Refugee Status Determination, Procedural Fairness, Judicial Review, Reasons for Decision, Consideration of Evidence
Administrative Law Immigration Law Refugee Status Determination Procedural Fairness Judicial Review Reasons for Decision Consideration of Evidence

Case Brief

Summary, issues, holding and outcome

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Parties

SZDXZ

First Appellant

SZDYA

Second Appellant

SZDXT

Third Appellant

Minister for Immigration and Citizenship

First Respondent

Refugee Review Tribunal

Second Respondent

Procedural Posture

Appeal / Judgment of Full Court on Appeal From Federal Magistrates Court

Legal Issues

  1. 1 Whether the Refugee Review Tribunal failed to consider relevant evidence (the Police letter)
  2. 2 Whether the Tribunal failed to afford procedural fairness by not alerting appellants to its view on the Police letter
  3. 3 Whether the Tribunal was required by Migration Act to refer expressly to all evidence inconsistent with its findings

Ratio Decidendi

It was more likely than not that the Tribunal considered the Police letter, but was not required to refer to it expressly, as it added no new claim or integer to the appellants' case and had little, if any, probative value. The Tribunal did not fail to consider a relevant matter or to accord procedural fairness.

Court Disposition

appeal dismissed

Orders

  • The appeal be dismissed.
  • The first and second appellants pay the costs of the first respondent.