SZDZT v Minister for Immigration and Citizenship [2007] FCA 1721

SZDZT v Minister for Immigration and Citizenship [2007] FCA 1721

The appellant identified no error in the decision of Barnes FM. The bias allegation was unsupported by particulars or evidence; leave to raise the new s 91R ground was refused because its prospects were negligible and the interests of justice did not favour leave; the Tribunal was entitled to consider material from an earlier differently constituted Tribunal; and the weight and accuracy of country information were matters for the Tribunal. Accordingly the appeal was dismissed.

Jurisdiction
Australia
Judgment Date
29 November 2007
Procedural Posture
Appeal From the Federal Magistrates Court of Australia Concerning Refusal of a Protection Visa / Appeal Dismissed
Outcome
Appeal dismissed with costs to the First Respondent.
Legal Topics
['protection Visa' 'refugees Convention Protection Obligations' 'jurisdictional Error' 'bias' 'section 91 R of the Migration Act 1958 (cth)' 'country Information' 'review by Refugee Review Tribunal']
['migration Law' 'administrative Law' 'refugee Law'] ['protection Visa' 'refugees Convention Protection Obligations' 'jurisdictional Error' 'bias' 'section 91 R of the Migration Act 1958 (cth)' 'country Information' 'review by Refugee Review Tribunal']

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Procedural Posture

Appeal From the Federal Magistrates Court of Australia Concerning Refusal of a Protection Visa / Appeal Dismissed

Legal Issues

  1. 1 ["Whether the Federal Magistrate erred in affirming the Tribunal's decision upholding refusal of a protection visa." "Whether the Tribunal was biased or failed to consider the appellant's application under s 91R of the Migration Act 1958 (Cth)." "Whether the Tribunal's decision was based on assumptions rather than evidence, including material from an earlier differently constituted Tribunal." 'Whether the Tribunal relied on irrelevant or out of date country information.']

Ratio Decidendi

The appellant identified no error in the decision of Barnes FM. The bias allegation was unsupported by particulars or evidence; leave to raise the new s 91R ground was refused because its prospects were negligible and the interests of justice did not favour leave; the Tribunal was entitled to consider material from an earlier differently constituted Tribunal; and the weight and accuracy of country information were matters for the Tribunal. Accordingly the appeal was dismissed.

Court Disposition

Appeal dismissed with costs to the First Respondent.

Orders

  • ['The appeal be dismissed.' 'The Appellant pay the costs of the First Respondent.']