SZDUE v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 1262

SZDUE v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 1262

The only ground of appeal relied on by the appellant—that there was non-compliance with s 424A in the use of the appellant's son's evidence—was not established, as the material was provided by the appellant herself during the Tribunal hearing, thus falling within s 424A(3)(b). Other grounds raised, including...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
01 September 2005
Procedural Posture
Appeal / Judgment
Outcome
appeal dismissed
Legal Topics
['protection Visa' 'judicial Review' 'jurisdictional Error' 'procedural Fairness']
['immigration Law' 'administrative Law'] ['protection Visa' 'judicial Review' 'jurisdictional Error' 'procedural Fairness']

Source-derived case record

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Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 ['Whether the Refugee Review Tribunal failed to comply with s 424A of the Migration Act 1958 (Cth)' 'Whether there was a jurisdictional error by the Tribunal or Federal Magistrates Court' 'Whether the decision of the Tribunal was so unreasonable that no reasonable Tribunal could reach it' 'Whether procedural fairness was denied to the appellant']

Ratio Decidendi

The only ground of appeal relied on by the appellant—that there was non-compliance with s 424A in the use of the appellant's son's evidence—was not established, as the material was provided by the appellant herself during the Tribunal hearing, thus falling within s 424A(3)(b). Other grounds raised, including procedural fairness, failure to draw attention to country information, and unreasonableness of the Tribunal's decision, were not made out. Accordingly, there was no jurisdictional error, and the appeal was dismissed.

Court Disposition

appeal dismissed

Orders

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