SZBWH v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 1216

SZBWH v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 1216

The appeal was dismissed because the appellant failed to demonstrate error of law, jurisdictional error, or denial of procedural fairness; the Tribunal’s findings were open to it on the evidence and harm suffered was not attributable to a Convention reason.

Parties
Appellant: SZBWH; First Respondent: Minister for Immigration and Multicultural and Indigenous Affairs; Second Respondent: Refugee Review Tribunal
Jurisdiction
Australia
Judgment Date
31 August 2005
Procedural Posture
Appeal / Final Judgment
Outcome
appeal dismissed
Legal Topics
Refugee Status Determination, Protection Visa, Judicial Review
Immigration Law Refugee Status Determination Protection Visa Judicial Review

Case Brief

Summary, issues, holding and outcome

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Parties

SZBWH

Appellant

Minister for Immigration and Multicultural and Indigenous Affairs

First Respondent

Refugee Review Tribunal

Second Respondent

Procedural Posture

Appeal / Final Judgment

Legal Issues

  1. 1 Whether the Tribunal erred in law or committed jurisdictional error
  2. 2 Whether there was a denial of procedural fairness
  3. 3 Whether harm suffered by the appellant was for a Convention reason

Ratio Decidendi

The appeal was dismissed because the appellant failed to demonstrate error of law, jurisdictional error, or denial of procedural fairness; the Tribunal’s findings were open to it on the evidence and harm suffered was not attributable to a Convention reason.

Court Disposition

appeal dismissed

Orders

  • The appeal be dismissed.
  • The appellant pay the first respondent's costs in the amount of $2,100.