LZYKZ v Minister for Immigration and Citizenship [2011] FCA 1021

LZYKZ v Minister for Immigration and Citizenship [2011] FCA 1021

The appeal was without merit. Grounds two to four merely repeated grounds rejected by the Federal Magistrate: there was no material before the Tribunal about any practice of Falun Gong in Australia, no particular indice or integer of the claim was identified, and the final ground did not make sense. The first ground was a general, unparticularised and unsupported assertion of error of law. Accordingly, no appealable error was shown and the appeal had to be dismissed with costs.

Jurisdiction
Australia
Judgment Date
31 August 2011
Procedural Posture
Appeal From the Federal Magistrates Court Dismissal of an Application for Judicial Review of a Refugee Review Tribunal Decision Affirming Refusal of a Protection Visa / Federal Court Appeal
Outcome
Appeal dismissed with costs.
Legal Topics
['protection Visa' 'refugee Review Tribunal' 'judicial Review' 'falun Gong' 'sur Place Claim']
['migration Law' 'administrative Law'] ['protection Visa' 'refugee Review Tribunal' 'judicial Review' 'falun Gong' 'sur Place Claim']

Case Brief

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Procedural Posture

Appeal From the Federal Magistrates Court Dismissal of an Application for Judicial Review of a Refugee Review Tribunal Decision Affirming Refusal of a Protection Visa / Federal Court Appeal

Legal Issues

  1. 1 ["Whether the Court below failed to consider the appellant's alleged practice of Falun Gong in Australia as giving rise to a sur place claim" "Whether the Tribunal failed to deal with an indice of the appellant's claim" 'Whether the Tribunal made no finding about whether the claimed events gave rise to a real chance of persecution' 'Whether the decision involved an error of law by incorrect application of the law to the facts']

Ratio Decidendi

The appeal was without merit. Grounds two to four merely repeated grounds rejected by the Federal Magistrate: there was no material before the Tribunal about any practice of Falun Gong in Australia, no particular indice or integer of the claim was identified, and the final ground did not make sense. The first ground was a general, unparticularised and unsupported assertion of error of law. Accordingly, no appealable error was shown and the appeal had to be dismissed with costs.

Court Disposition

Appeal dismissed with costs.

Orders

  • ['The appeal is dismissed.' "The appellant pay the first respondent's costs of the appeal to be taxed in default of agreement."]