SZERV v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 1221

SZERV v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 1221

Leave to appeal was refused and the purported appeal dismissed because the applicant identified no clear ground of judicial review, no ground for leave to appeal, and no viable jurisdictional error. The potentially arguable s 424A issue failed because the Tribunal relied on the inconsistency between the applicant's earlier statement and later evidence rather than on the statements themselves, and in any event the applicant's confirmation and explanation of the visa application statement at the Tribunal hearing made the relevant information information provided by him for the purpose of the Tribunal application.

Jurisdiction
Australia
Judgment Date
24 August 2005
Procedural Posture
Application for Leave to Appeal From a Federal Magistrate's Dismissal of an Application for Review of a Refugee Review Tribunal Decision; Purported Appeal / Federal Court Application for Leave to Appeal and Purported Appeal
Outcome
Application for leave to appeal dismissed; purported appeal dismissed; applicant ordered to pay the respondent's costs.
Legal Topics
['protection Visa' 'refugee Review Tribunal' 'jurisdictional Error' 'falun Gong Claims' 'migration Act 1958 (cth) S 424 A' 'federal Magistrates Court Rules R 13.03' 'leave to Appeal']
['migration Law' 'administrative Law'] ['protection Visa' 'refugee Review Tribunal' 'jurisdictional Error' 'falun Gong Claims' 'migration Act 1958 (cth) S 424 A' 'federal Magistrates Court Rules R 13.03' 'leave to Appeal']

Case Brief

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Procedural Posture

Application for Leave to Appeal From a Federal Magistrate's Dismissal of an Application for Review of a Refugee Review Tribunal Decision; Purported Appeal / Federal Court Application for Leave to Appeal and Purported Appeal

Legal Issues

  1. 1 ["Whether leave to appeal should be granted from the Federal Magistrate's interlocutory dismissal of the review proceedings." "Whether the applicant identified any viable ground of appeal or jurisdictional error in the Refugee Review Tribunal's decision." "Whether a possible argument under s 424A of the Migration Act 1958 (Cth) arose from the Tribunal's reliance on inconsistency between the applicant's protection visa application and his hearing evidence."]

Ratio Decidendi

Leave to appeal was refused and the purported appeal dismissed because the applicant identified no clear ground of judicial review, no ground for leave to appeal, and no viable jurisdictional error. The potentially arguable s 424A issue failed because the Tribunal relied on the inconsistency between the applicant's earlier statement and later evidence rather than on the statements themselves, and in any event the applicant's confirmation and explanation of the visa application statement at the Tribunal hearing made the relevant information information provided by him for the purpose of the Tribunal application.

Court Disposition

Application for leave to appeal dismissed; purported appeal dismissed; applicant ordered to pay the respondent's costs.

Orders

  • ['The application for leave to appeal filed on 24 July 2005 be dismissed.' 'The purported appeal pursuant to notice of appeal filed on 19 July 2005 also be dismissed.' "The applicant pay the respondent's costs of these proceedings."]