SZBWJ v Minister for Immigration and Citizenship [2008] FCA 1175

SZBWJ v Minister for Immigration and Citizenship [2008] FCA 1175

The Tribunal is not empowered under the Migration Act 1958 (Cth) to undertake a second review of a delegate's decision where its original review was free of jurisdictional error; permitting such would be inconsistent with the statutory scheme emphasizing finality, certainty, and limitations on repeated applications.

Parties
First Applicant: SZBWJ; Second Applicant: SZBWK; Third Applicant: SZBWL; Fourth Applicant: SZBWM; First Respondent: Minister for Immigration and Citizenship; Second Respondent: Refugee Review Tribunal
Jurisdiction
Australia
Judgment Date
21 August 2008
Procedural Posture
Appeal / Application for Leave to Appeal and Substantive Appeal
Outcome
Appeal dismissed with costs; leave to appeal granted to the extent necessary.
Legal Topics
Tribunal Jurisdiction, Judicial Review, Protection Visa Applications, Statutory Interpretation
Migration Tribunal Jurisdiction Judicial Review Protection Visa Applications Statutory Interpretation

Case Brief

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Parties

SZBWJ

First Applicant

SZBWK

Second Applicant

SZBWL

Third Applicant

SZBWM

Fourth Applicant

Minister for Immigration and Citizenship

First Respondent

Refugee Review Tribunal

Second Respondent

Procedural Posture

Appeal / Application for Leave to Appeal and Substantive Appeal

Legal Issues

  1. 1 Whether the Tribunal is bound to review a delegate's decision even after a prior review has occurred
  2. 2 Whether there is statutory authority for the Tribunal to re-review a delegate's decision absent jurisdictional error

Ratio Decidendi

The Tribunal is not empowered under the Migration Act 1958 (Cth) to undertake a second review of a delegate's decision where its original review was free of jurisdictional error; permitting such would be inconsistent with the statutory scheme emphasizing finality, certainty, and limitations on repeated applications.

Court Disposition

Appeal dismissed with costs; leave to appeal granted to the extent necessary.

Orders

  • The time to file application for leave to appeal is extended until 9 April 2008.
  • Leave to appeal is granted to the extent necessary.