SZEUX v Minister for Immigration & Multicultural & Indigenous Affairs [2006] FCA 680

SZEUX v Minister for Immigration & Multicultural & Indigenous Affairs [2006] FCA 680

The Tribunal did not err in its application of the real chance of persecution test regarding relocation to Delhi, nor did it fail to consider a relevant claim about harm prior to relocation, as no such material claim was made to the Tribunal or to the Federal Magistrate.

Parties
Appellant: Szeux; First Respondent: Minister for Immigration and Multicultural and Indigenous Affairs; Second Respondent: Refugee Review Tribunal
Jurisdiction
Australia
Judgment Date
09 May 2006
Procedural Posture
Appeal / Judgment
Outcome
appeal dismissed
Legal Topics
Judicial Review, Jurisdictional Error, Relocation, Real Chance Test
Immigration Law Administrative Law Judicial Review Jurisdictional Error Relocation Real Chance Test

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2
Sign in to unlock

Parties

Szeux

Appellant

Minister for Immigration and Multicultural and Indigenous Affairs

First Respondent

Refugee Review Tribunal

Second Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the Tribunal failed to apply the 'real chance of persecution' test when considering relocation within India
  2. 2 Whether the Tribunal failed to consider the claim that the appellant might face serious harm before relocation could be made

Ratio Decidendi

The Tribunal did not err in its application of the real chance of persecution test regarding relocation to Delhi, nor did it fail to consider a relevant claim about harm prior to relocation, as no such material claim was made to the Tribunal or to the Federal Magistrate.

Court Disposition

appeal dismissed

Orders

  • The appeal be dismissed.
  • The appellant pay the first respondent's costs.