SZHBV v Minister for Immigration & Citizenship [2007] FCA 1856

SZHBV v Minister for Immigration & Citizenship [2007] FCA 1856

The appeal was dismissed because the appellant did not demonstrate any error by the Federal Magistrate in dismissing the applications for certiorari and mandamus. His grounds repeated complaints about the Tribunal rather than identifying appellable error, and the late factual complaint that the Tribunal cut him off was not raised or proved before the Federal Magistrate.

Jurisdiction
Australia
Judgment Date
09 November 2007
Procedural Posture
Appeal From a Judgment of the Federal Magistrates Court Dismissing Applications for Writs of Certiorari and Mandamus Concerning a Refugee Review Tribunal Decision Affirming Refusal of a Protection Visa / Federal Court Appeal; Appeal Dismissed
Outcome
Appeal dismissed
Legal Topics
['protection Visa' 'refugee Review Tribunal' 'judicial Review' 'certiorari and Mandamus' 'credibility Findings' 'appellate Error']
['migration Law' 'administrative Law'] ['protection Visa' 'refugee Review Tribunal' 'judicial Review' 'certiorari and Mandamus' 'credibility Findings' 'appellate Error']

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 1 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Appeal From a Judgment of the Federal Magistrates Court Dismissing Applications for Writs of Certiorari and Mandamus Concerning a Refugee Review Tribunal Decision Affirming Refusal of a Protection Visa / Federal Court Appeal; Appeal Dismissed

Legal Issues

  1. 1 ["Whether the Federal Magistrate made appellable error in dismissing the appellant's applications for certiorari and mandamus in relation to the Tribunal decision" "Whether grounds attacking the Tribunal's credibility findings and reasoning demonstrated error by the Federal Magistrate" 'Whether a late complaint that the Tribunal cut off the appellant from making additional submissions could be raised on appeal when not raised or proved before the Federal Magistrates Court']

Ratio Decidendi

The appeal was dismissed because the appellant did not demonstrate any error by the Federal Magistrate in dismissing the applications for certiorari and mandamus. His grounds repeated complaints about the Tribunal rather than identifying appellable error, and the late factual complaint that the Tribunal cut him off was not raised or proved before the Federal Magistrate.

Court Disposition

Appeal dismissed

Orders

  • ['The appeal be dismissed.' 'The appellant pay the costs of the respondent Minister fixed in the sum of $1,400.']