SZDPE v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 626

SZDPE v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 626

The Tribunal's findings that the appellant could reasonably relocate within India and that effective state protection existed were open on the evidence and disclosed no jurisdictional error; the appeal should be dismissed.

Source-derived case information.

Jurisdiction
Australia
Judgment Date
20 May 2005
Procedural Posture
Appeal / Judgment After Hearing
Outcome
appeal dismissed
Legal Topics
['refugee Status' 'genuine Fear of Persecution' 'state Protection' 'relocation Principle' 'jurisdictional Error']
['migration Law'] ['refugee Status' 'genuine Fear of Persecution' 'state Protection' 'relocation Principle' 'jurisdictional Error']

Source-derived case record

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Procedural Posture

Appeal / Judgment After Hearing

Legal Issues

  1. 1 ['Whether the Refugee Review Tribunal failed to consider matters in relation to relocation' "Whether the Tribunal's findings disclosed jurisdictional error"]

Ratio Decidendi

The Tribunal's findings that the appellant could reasonably relocate within India and that effective state protection existed were open on the evidence and disclosed no jurisdictional error; the appeal should be dismissed.

Court Disposition

appeal dismissed

Orders

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