SZGIZ v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 1510

SZGIZ v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 1510

The appeal failed because the appellant did not prove that the Tribunal had regard to the undisclosed dob-in-letter, or that disclosure of the s 438(2)(a) notification could realistically have resulted in a different decision. The Tribunal's reasons coherently explained its rejection of the claimed genuine conversion to Christianity by reference to the appellant's evidence, delay in applying for a protection visa and other matters, and the undisclosed information had no logical bearing on that issue. Leave was not granted to raise new contentions concerning invalidity of the s 438(1)(b) certificate, the s 438(1)(a) certificate, or apprehended bias/subconscious influence. No jurisdictional...

Jurisdiction
Australia
Judgment Date
03 December 2021
Procedural Posture
Migration Appeal From Federal Circuit Court Dismissal of Judicial Review Application / Appeal
Outcome
The appeal was dismissed with costs.
Legal Topics
['protection Visa' 'administrative Appeals Tribunal Review' 'section 438 Notification' 'materiality' 'jurisdictional Error' 'leave to Raise New Grounds on Appeal' 'apprehended Bias']
['migration' 'administrative Law' 'procedural Fairness' 'judicial Review'] ['protection Visa' 'administrative Appeals Tribunal Review' 'section 438 Notification' 'materiality' 'jurisdictional Error' 'leave to Raise New Grounds on Appeal' 'apprehended Bias']

Case Brief

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Procedural Posture

Migration Appeal From Federal Circuit Court Dismissal of Judicial Review Application / Appeal

Legal Issues

  1. 1 ["Whether the Tribunal's failure to disclose a notification under s 438(2)(a) of the Migration Act 1958 (Cth) in relation to a s 438(1)(b) certificate was a material breach of procedural fairness resulting in jurisdictional error." "Whether the primary judge erred in finding that the Tribunal did not have regard to the information in the dob-in-letter when assessing the appellant's credibility and claimed conversion to Christianity." 'Whether leave should be granted to rely on the alleged invalidity of the s 438(1)(b) certificate, the non-disclosure of a notification based on a s 438(1)(a) certificate, or an argument based on subconscious influence/apprehended bias.' "Whether there was a realistic possibility that the Tribunal's decision could have been different had the asserted procedural fairness breach not occurred."]

Ratio Decidendi

The appeal failed because the appellant did not prove that the Tribunal had regard to the undisclosed dob-in-letter, or that disclosure of the s 438(2)(a) notification could realistically have resulted in a different decision. The Tribunal's reasons coherently explained its rejection of the claimed genuine conversion to Christianity by reference to the appellant's evidence, delay in applying for a protection visa and other matters, and the undisclosed information had no logical bearing on that issue. Leave was not granted to raise new contentions concerning invalidity of the s 438(1)(b) certificate, the s 438(1)(a) certificate, or apprehended bias/subconscious influence. No jurisdictional...

Court Disposition

The appeal was dismissed with costs.

Orders

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