SZHAK v Minister for Immigration and Citizenship [2007] FCA 1116

SZHAK v Minister for Immigration and Citizenship [2007] FCA 1116

The appeal fails because the Tribunal did not breach s 424A or s 91R(3) of the Migration Act. The Tribunal gave the appellant opportunity to present documents. The grounds advanced do not establish jurisdictional error, and the Tribunal's adverse findings on credibility were open to it.

Jurisdiction
Australia
Judgment Date
02 August 2007
Procedural Posture
Appeal / Final Judgment
Outcome
Appeal dismissed
Legal Topics
['refugee Status' 'review Tribunal Procedures' 'section 424 a and 91 R(3) Migration Act']
['administrative Law' 'migration Law'] ['refugee Status' 'review Tribunal Procedures' 'section 424 a and 91 R(3) Migration Act']

Case Brief

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Procedural Posture

Appeal / Final Judgment

Legal Issues

  1. 1 ['Whether the Refugee Review Tribunal failed to comply with s 424A of the Migration Act 1958 (Cth)' 'Whether the Tribunal breached s 91R(3) of the Migration Act 1958 (Cth)' 'Whether the Tribunal denied the appellant an opportunity to present documents']

Ratio Decidendi

The appeal fails because the Tribunal did not breach s 424A or s 91R(3) of the Migration Act. The Tribunal gave the appellant opportunity to present documents. The grounds advanced do not establish jurisdictional error, and the Tribunal's adverse findings on credibility were open to it.

Court Disposition

Appeal dismissed

Orders

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