SZDPY v Minister for Immigration and Multicultural Affairs [2006] FCA 627

SZDPY v Minister for Immigration and Multicultural Affairs [2006] FCA 627

Leave to amend the notice of appeal was refused because the proposed s 424A ground was untenable. Although the Tribunal's finding that the appellant was well educated and resourceful was accepted for present purposes as part of its reason for finding relocation reasonable, the transcript showed that the appellant specifically gave the Tribunal his educational and employment history at the hearing. That information fell within the s 424A(3)(b) exclusion, and the case was not one of mere global adoption of an earlier statement.

Jurisdiction
Australia
Judgment Date
25 May 2006
Procedural Posture
Migration Appeal From the Federal Magistrates Court of Australia Concerning Judicial Review of a Refugee Review Tribunal Decision Affirming Refusal of a Protection Visa / Appeal; Application for Leave to Amend Notice of Appeal
Outcome
Leave to amend the notice of appeal refused; appeal dismissed with costs.
Legal Topics
['protection Visa' 'refugee Review Tribunal' 'section 424 a Disclosure Obligation' 'jurisdictional Error' 'internal Relocation' 'well Founded Fear of Persecution']
['migration Law' 'administrative Law'] ['protection Visa' 'refugee Review Tribunal' 'section 424 a Disclosure Obligation' 'jurisdictional Error' 'internal Relocation' 'well Founded Fear of Persecution']

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Procedural Posture

Migration Appeal From the Federal Magistrates Court of Australia Concerning Judicial Review of a Refugee Review Tribunal Decision Affirming Refusal of a Protection Visa / Appeal; Application for Leave to Amend Notice of Appeal

Legal Issues

  1. 1 ['Whether the Tribunal breached s 424A of the Migration Act 1958 by failing to disclose educational history information said to form part of its reasons for affirming the decision under review.' 'Whether the educational and employment information relied on by the Tribunal fell within the exception in s 424A(3)(b) because it was information the appellant gave for the purpose of the application for review.' 'Whether leave should be granted to amend the notice of appeal to raise the new s 424A ground.']

Ratio Decidendi

Leave to amend the notice of appeal was refused because the proposed s 424A ground was untenable. Although the Tribunal's finding that the appellant was well educated and resourceful was accepted for present purposes as part of its reason for finding relocation reasonable, the transcript showed that the appellant specifically gave the Tribunal his educational and employment history at the hearing. That information fell within the s 424A(3)(b) exclusion, and the case was not one of mere global adoption of an earlier statement.

Court Disposition

Leave to amend the notice of appeal refused; appeal dismissed with costs.

Orders

  • ['The Refugee Review Tribunal be joined as the second respondent.' 'The first respondent\'s name be amended by the deletion of the words "and Indigenous".' 'Leave to amend the notice of appeal be refused.' 'The appeal be dismissed.' "The appellant pay the first respondent's costs of the appeal."]