SZBWY v Minister for Immigration & Citizenship [2008] FCA 1188

SZBWY v Minister for Immigration & Citizenship [2008] FCA 1188

No appellable error was identified; the Tribunal was not biased, complied with s 424A of the Act, and the use of independent information was a matter for the Tribunal, thus the grounds of appeal did not succeed.

Jurisdiction
Australia
Judgment Date
12 August 2008
Procedural Posture
Appeal / Judgment
Outcome
appeal dismissed
Legal Topics
['judicial Review' 'protection Visa' 'apprehended Bias' 'procedural Fairness']
['migration'] ['judicial Review' 'protection Visa' 'apprehended Bias' 'procedural Fairness']

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Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 ['Whether the Tribunal was biased or apprehended to be biased against the appellant' 'Whether the Tribunal failed to comply with s 424A of the Migration Act 1958 (Cth)' 'Whether the Tribunal failed to refer to proper independent information']

Ratio Decidendi

No appellable error was identified; the Tribunal was not biased, complied with s 424A of the Act, and the use of independent information was a matter for the Tribunal, thus the grounds of appeal did not succeed.

Court Disposition

appeal dismissed

Orders

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