SZHVL v Minister for Immigration and Citizenship [2008] FCA 356

SZHVL v Minister for Immigration and Citizenship [2008] FCA 356

No jurisdictional error was shown, as the Tribunal was under no obligation to seek further corroborating evidence, and fresh evidence sought to be adduced did not relate to jurisdictional error and thus was inadmissible on appeal. Allegation of bias was not sufficiently raised or established. Grounds of appeal therefore failed.

Parties
Appellant: SZHVL; First Respondent: Minister for Immigration and Citizenship; Second Respondent: Refugee Review Tribunal
Jurisdiction
Australia
Judgment Date
18 March 2008
Procedural Posture
Appeal / Judgment
Outcome
Appeal dismissed
Legal Topics
Fresh Evidence, Obligation to Obtain Additional Information, Bias, Judicial Review, Jurisdictional Error, Protection Visa, Persecution, State Protection, Relocation, Evidence Admissibility
Migration Fresh Evidence Obligation to Obtain Additional Information Bias Judicial Review Jurisdictional Error Protection Visa Persecution +3 more

Case Brief

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Parties

SZHVL

Appellant

Minister for Immigration and Citizenship

First Respondent

Refugee Review Tribunal

Second Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the Tribunal erred by not obtaining additional corroborative evidence from the parish priest when the appellant's claims were plausible
  2. 2 Whether the Federal Magistrate erred in treating evidence relating to death of the priest as post-Tribunal hearing evidence
  3. 3 Whether jurisdictional error was established on part of the Tribunal or Federal Magistrate,

Ratio Decidendi

No jurisdictional error was shown, as the Tribunal was under no obligation to seek further corroborating evidence, and fresh evidence sought to be adduced did not relate to jurisdictional error and thus was inadmissible on appeal. Allegation of bias was not sufficiently raised or established. Grounds of appeal therefore failed.

Court Disposition

Appeal dismissed

Orders

  • The appeal be dismissed.
  • The appellant to pay the costs of the first respondent to be fixed in the amount of $3,300.