MZZSH v Minister for Immigration and Border Protection [2014] FCA 1292

MZZSH v Minister for Immigration and Border Protection [2014] FCA 1292

The appeal failed because the appellant identified no particular information considered by the Tribunal that had not been disclosed to him, and the Tribunal's decision did not reveal reliance on information other than information provided by the appellant or provided to him before and during the hearing process. The Tribunal's adverse credibility findings were open on the material before it, and no appealable error in the Federal Circuit Court's reasons or jurisdictional error in the Tribunal's decision was shown.

Jurisdiction
Australia
Judgment Date
27 November 2014
Procedural Posture
Migration Appeal From Dismissal of Application for Judicial Review / Appeal to the Federal Court of Australia
Outcome
Appeal dismissed.
Legal Topics
['protection Visa' 'refugee Review Tribunal' 'jurisdictional Error' 'migration Act 1958 (cth) S 424 A' 'credibility Findings']
['migration' 'administrative Law' 'judicial Review'] ['protection Visa' 'refugee Review Tribunal' 'jurisdictional Error' 'migration Act 1958 (cth) S 424 A' 'credibility Findings']

Case Brief

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Procedural Posture

Migration Appeal From Dismissal of Application for Judicial Review / Appeal to the Federal Court of Australia

Legal Issues

  1. 1 ['Whether the Federal Circuit Court erred by failing to find that the Refugee Review Tribunal breached s 424A of the Migration Act 1958 (Cth).' 'Whether the Tribunal considered information that was not disclosed to the appellant and that would be the reason, or part of the reason, for affirming the decision under review.' "Whether the Tribunal's adverse credibility findings disclosed jurisdictional error."]

Ratio Decidendi

The appeal failed because the appellant identified no particular information considered by the Tribunal that had not been disclosed to him, and the Tribunal's decision did not reveal reliance on information other than information provided by the appellant or provided to him before and during the hearing process. The Tribunal's adverse credibility findings were open on the material before it, and no appealable error in the Federal Circuit Court's reasons or jurisdictional error in the Tribunal's decision was shown.

Court Disposition

Appeal dismissed.

Orders

  • ['The appeal is dismissed.' "The Appellant pay the First Respondent's costs."]