SZGIY v Minister for Immigration and Citizenship [2008] FCAFC 68

SZGIY v Minister for Immigration and Citizenship [2008] FCAFC 68

There was no failure to comply with s 424A. The appellant's arrival date and visa application date were neutral facts which did not themselves engage s 424A(1), and in any event were given by the appellant for the purposes of the application within s 424A(3)(b). The period of delay between those dates was merely the temporal relationship between the two dates, and the Tribunal's use of that delay as casting doubt on the appellant's claims was part of its reasoning process rather than separate information requiring particulars under s 424A(1).

Jurisdiction
Australia
Judgment Date
02 May 2008
Procedural Posture
Migration Appeal Concerning Refusal of a Protection (class Xa) Visa and Alleged Non Compliance With S 424 a of the Migration Act 1958 (cth) / Appeal to the Full Court of the Federal Court of Australia From the Federal Magistrates Court of Australia
Outcome
Appeal dismissed with costs.
Legal Topics
['protection Visa Refusal' 'refugee Review Tribunal' 'section 424 a Particulars of Information' 'information Given for the Purpose of an Application' 'judicial Review Time Limits' 'notice Under S 78 B of the Judiciary Act 1903 (cth)']
['migration Law' 'administrative Law'] ['protection Visa Refusal' 'refugee Review Tribunal' 'section 424 a Particulars of Information' 'information Given for the Purpose of an Application' 'judicial Review Time Limits' 'notice Under S 78 B of the Judiciary Act 1903 (cth)']

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Procedural Posture

Migration Appeal Concerning Refusal of a Protection (class Xa) Visa and Alleged Non Compliance With S 424 a of the Migration Act 1958 (cth) / Appeal to the Full Court of the Federal Court of Australia From the Federal Magistrates Court of Australia

Legal Issues

  1. 1 ["Whether the appellant's date of arrival in Australia was information for the purposes of s 424A(1) of the Migration Act 1958 (Cth)." "Whether the appellant's date of arrival, if information, fell within s 424A(3)(b)." "Whether the date of the appellant's protection visa application was information for the purposes of s 424A(1)." 'Whether the date of the visa application, if information, fell within s 424A(3)(b).' "Whether the delay between the appellant's arrival in Australia and her protection visa application was distinct information for the purposes of s 424A(1)(a)."]

Ratio Decidendi

There was no failure to comply with s 424A. The appellant's arrival date and visa application date were neutral facts which did not themselves engage s 424A(1), and in any event were given by the appellant for the purposes of the application within s 424A(3)(b). The period of delay between those dates was merely the temporal relationship between the two dates, and the Tribunal's use of that delay as casting doubt on the appellant's claims was part of its reasoning process rather than separate information requiring particulars under s 424A(1).

Court Disposition

Appeal dismissed with costs.

Orders

  • ['The appeal be dismissed.' "The appellant pay the first respondent's costs of the appeal."]