SZGDJ v Minister for Immigration and Citizenship [2008] FCA 722

SZGDJ v Minister for Immigration and Citizenship [2008] FCA 722

The appeal failed because grounds 1 and 2 attempted to revive abandoned or unpressed matters and were insufficiently defined, and because the Tribunal did not contravene s 91R(3) by considering the appellant's lack of involvement with an Awami League support group in Australia as part of its credibility assessment. Section 91R(3), properly construed in light of SZHFE, its purpose, the Migration Act as a whole and s 15AA of the Acts Interpretation Act 1901 (Cth), did not prevent that use of the evidence.

Jurisdiction
Australia
Judgment Date
20 May 2008
Procedural Posture
Migration Appeal Concerning Refusal of a Protection Visa / Appeal From the Federal Magistrates Court of Australia
Outcome
Appeal dismissed.
Legal Topics
['protection Visa' 'refugee Status' 'jurisdictional Error' 'section 91 R(3) of the Migration Act 1958 (cth)' 'sur Place Claims' 'credibility Assessment' 'new or Abandoned Grounds on Appeal']
['migration Law' 'administrative Law'] ['protection Visa' 'refugee Status' 'jurisdictional Error' 'section 91 R(3) of the Migration Act 1958 (cth)' 'sur Place Claims' 'credibility Assessment' 'new or Abandoned Grounds on Appeal']

Case Brief

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Procedural Posture

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

Legal Issues

  1. 1 ['Whether the appellant should be permitted to rely on appeal grounds that had not been included in the further amended application or had been abandoned or not pressed before the Federal Magistrate.' "Whether the Refugee Review Tribunal contravened s 91R(3) of the Migration Act 1958 (Cth) by considering the appellant's lack of involvement with an Awami League support group in Australia when assessing credibility." 'Whether s 424A of the Migration Act 1958 (Cth) was engaged.']

Ratio Decidendi

The appeal failed because grounds 1 and 2 attempted to revive abandoned or unpressed matters and were insufficiently defined, and because the Tribunal did not contravene s 91R(3) by considering the appellant's lack of involvement with an Awami League support group in Australia as part of its credibility assessment. Section 91R(3), properly construed in light of SZHFE, its purpose, the Migration Act as a whole and s 15AA of the Acts Interpretation Act 1901 (Cth), did not prevent that use of the evidence.

Court Disposition

Appeal dismissed.

Orders

  • ['The appeal be dismissed.' "The appellant pay the first respondent's costs, to be taxed in default of agreement."]