SZDMJ v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 1034

SZDMJ v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 1034

The appeal failed because the information in the appellant's original statutory declaration had been republished and relied on by the appellant in his application for review to the Tribunal. It was therefore information given by the appellant for the purpose of the application and fell within s 424A(3)(b), so the Tribunal was not obliged under s 424A to provide particulars or invite comment on that information. The remaining grounds concerning s 425 and bias disclosed no error in the Federal Magistrate's reasoning.

Jurisdiction
Australia
Judgment Date
29 July 2005
Procedural Posture
Migration Appeal From the Federal Magistrates Court of Australia / Appeal From Refusal of an Application for Review of a Refugee Review Tribunal Decision Affirming Refusal of a Protection Visa
Outcome
Appeal dismissed.
Legal Topics
['protection Visa' 'refugee Review Tribunal' 'procedural Fairness' 'migration Act 1958 (cth) S 424 A' 'information Given for the Purpose of an Application' 'bias']
['migration Law' 'administrative Law'] ['protection Visa' 'refugee Review Tribunal' 'procedural Fairness' 'migration Act 1958 (cth) S 424 A' 'information Given for the Purpose of an Application' 'bias']

Case Brief

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Procedural Posture

Migration Appeal From the Federal Magistrates Court of Australia / Appeal From Refusal of an Application for Review of a Refugee Review Tribunal Decision Affirming Refusal of a Protection Visa

Legal Issues

  1. 1 ['Whether the Refugee Review Tribunal failed to comply with s 424A of the Migration Act 1958 (Cth) by not giving particulars of information it considered would be a reason, or part of the reason, for affirming the decision under review.' "Whether information contained in the statutory declaration annexed to the appellant's original visa application, and later relied upon before the Tribunal, fell within s 424A(3)(b)." "Whether the appellant's grounds alleging failure to comply with s 425 of the Migration Act 1958 (Cth) and bias had substance on appeal."]

Ratio Decidendi

The appeal failed because the information in the appellant's original statutory declaration had been republished and relied on by the appellant in his application for review to the Tribunal. It was therefore information given by the appellant for the purpose of the application and fell within s 424A(3)(b), so the Tribunal was not obliged under s 424A to provide particulars or invite comment on that information. The remaining grounds concerning s 425 and bias disclosed no error in the Federal Magistrate's reasoning.

Court Disposition

Appeal dismissed.

Orders

  • ['The appeal be dismissed.' "The appellant pay the respondent's costs of the appeal."]