SZEAW v Minister for Immigration & Multicultural Affairs [2006] FCA 1148

SZEAW v Minister for Immigration & Multicultural Affairs [2006] FCA 1148

The Tribunal's findings were open on the evidence. The alleged s 424A breach did not occur as the cited issue was not 'information' for the purposes of the Act, and non-reference to evidence does not mean it was not considered.

Parties
Appellant: SZEAW; First Respondent: Minister for Immigration and Multicultural Affairs; Second Respondent: Refugee Review Tribunal
Jurisdiction
Australia
Judgment Date
21 August 2006
Procedural Posture
Appeal / Judgment After Hearing
Outcome
Appeal dismissed
Legal Topics
Judicial Review, Appeals, Refugee Status Determination
Migration Law Judicial Review Appeals Refugee Status Determination

Case Brief

Summary, issues, holding and outcome

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Parties

SZEAW

Appellant

Minister for Immigration and Multicultural Affairs

First Respondent

Refugee Review Tribunal

Second Respondent

Procedural Posture

Appeal / Judgment After Hearing

Legal Issues

  1. 1 Whether the Tribunal failed to comply with s 424A of the Migration Act 1958 (Cth)
  2. 2 Whether the Tribunal failed to consider relevant evidence

Ratio Decidendi

The Tribunal's findings were open on the evidence. The alleged s 424A breach did not occur as the cited issue was not 'information' for the purposes of the Act, and non-reference to evidence does not mean it was not considered.

Court Disposition

Appeal dismissed

Orders

  • The time for filing a notice of appeal be extended to 4:00 pm on 23 March 2006.
  • The appellant have leave to rely upon an amended notice of appeal in the form of the Proposed Amended Notice of Appeal dated 15 August 2006.