SZBBM v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 700

SZBBM v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 700

The appeal was dismissed because Madgwick J independently concluded that nothing could be said in support of the grounds of appeal, which had already been dealt with and dismissed by the Federal Magistrate; the appeal was described as quite worthless.

Jurisdiction
Australia
Judgment Date
26 May 2005
Procedural Posture
Appeal From a Judgment of Raphael FM Dismissing Judicial Review of an Adverse Refugee Review Tribunal Decision Concerning a Protection Visa / Federal Court Appeal; Judgment Delivered
Outcome
Appeal dismissed with costs.
Legal Topics
['protection Visa' 'refugee Review Tribunal' 'judicial Review' 'procedural Fairness' 'migration Act 1958 (cth) S 424 A' 'relocation Within Country of Nationality']
['migration Law' 'administrative Law'] ['protection Visa' 'refugee Review Tribunal' 'judicial Review' 'procedural Fairness' 'migration Act 1958 (cth) S 424 A' 'relocation Within Country of Nationality']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 1 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Appeal From a Judgment of Raphael FM Dismissing Judicial Review of an Adverse Refugee Review Tribunal Decision Concerning a Protection Visa / Federal Court Appeal; Judgment Delivered

Legal Issues

  1. 1 ['Whether the Tribunal breached s 424A of the Migration Act 1958 (Cth).' 'Whether the Tribunal denied procedural fairness or natural justice in relation to the letter and photographs submitted for the appellant.' 'Whether the Tribunal failed to consider possible socio-political changes in Bangladesh in the reasonably foreseeable future.' "Whether the Tribunal's decision lacked a rational foundation or was not made bona fide." 'Whether the Tribunal relied on outdated reports in determining the state of affairs in Bangladesh.']

Ratio Decidendi

The appeal was dismissed because Madgwick J independently concluded that nothing could be said in support of the grounds of appeal, which had already been dealt with and dismissed by the Federal Magistrate; the appeal was described as quite worthless.

Court Disposition

Appeal dismissed with costs.

Orders

  • ['The appeal be dismissed.' 'The appellant pay the costs of the respondent, assessed in the amount of $4,500.']