SZIZJ v Minister for Immigration and Citizenship [2007] FCA 1334

SZIZJ v Minister for Immigration and Citizenship [2007] FCA 1334

The s 424A ground, raised for the first time on appeal, had no merit because the country information concerned India's security services and dissident organisations and was not specifically about the appellant or any other individual person; the Federal Magistrate was right for the reasons given, so the appeal should be dismissed.

Jurisdiction
Australia
Judgment Date
13 August 2007
Procedural Posture
Migration Appeal / Appeal From a Judgment of the Federal Magistrates Court
Outcome
Appeal dismissed with costs assessed in the sum of $2,500.00.
Legal Topics
['s 424 a of the Migration Act 1958 (cth)' 'country Information' 'appeal From Federal Magistrates Court']
['migration Law' 'administrative Law'] ['s 424 a of the Migration Act 1958 (cth)' 'country Information' 'appeal From Federal Magistrates Court']

Case Brief

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Procedural Posture

Migration Appeal / Appeal From a Judgment of the Federal Magistrates Court

Legal Issues

  1. 1 ['Whether the Tribunal failed to give the appellant written notice of independent country information on which it relied, contrary to s 424A of the Migration Act 1958 (Cth).' 'Whether the Federal Magistrates Court judgment should be disturbed on appeal.']

Ratio Decidendi

The s 424A ground, raised for the first time on appeal, had no merit because the country information concerned India's security services and dissident organisations and was not specifically about the appellant or any other individual person; the Federal Magistrate was right for the reasons given, so the appeal should be dismissed.

Court Disposition

Appeal dismissed with costs assessed in the sum of $2,500.00.

Orders

  • ['The appeal be dismissed.' "The appellant pay the first respondent's costs of the appeal assessed in the sum of $2,500.00."]