SZHYP v Minister for Immigration and Citizenship [2007] FCA 183

SZHYP v Minister for Immigration and Citizenship [2007] FCA 183

The appellant failed to demonstrate that the Federal Magistrate ought to have concluded that s 424A applied to the information on which the Tribunal found that Mr Haque had been available to advise him from May 2005 to the Tribunal hearing. The Tribunal's reasons tended to show that the appellant himself gave information identifying Mr Haque as his adviser at the relevant times, and the appellant adduced no transcript or evidence establishing that he did not give the relevant information to the Tribunal. Accordingly, he did not establish any failure to comply with s 424A and the appeal had to be dismissed.

Jurisdiction
Australia
Judgment Date
23 February 2007
Procedural Posture
Migration Appeal From Federal Magistrates Court Dismissal of Application for Judicial Review of Refugee Review Tribunal Decision Affirming Refusal of Protection Visa / Appeal
Outcome
Appeal dismissed.
Legal Topics
['protection Visa' 'refugee Review Tribunal' 'judicial Review' 'migration Act 1958 (cth) S 424 A' 'burden of Proof' 'information Given by Applicant']
['migration Law' 'administrative Law'] ['protection Visa' 'refugee Review Tribunal' 'judicial Review' 'migration Act 1958 (cth) S 424 A' 'burden of Proof' 'information Given by Applicant']

Case Brief

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Procedural Posture

Migration Appeal From Federal Magistrates Court Dismissal of Application for Judicial Review of Refugee Review Tribunal Decision Affirming Refusal of Protection Visa / Appeal

Legal Issues

  1. 1 ['Whether the Federal Magistrate should have allowed judicial review on the basis that the Refugee Review Tribunal failed to comply with s 424A of the Migration Act 1958 (Cth).' 'Who carried the burden of establishing whether s 424A applied to the information relied on by the Tribunal.' "Whether the appellant established that the Tribunal based its finding about Mr Haque's assistance on information not given by the appellant for the purposes of his application."]

Ratio Decidendi

The appellant failed to demonstrate that the Federal Magistrate ought to have concluded that s 424A applied to the information on which the Tribunal found that Mr Haque had been available to advise him from May 2005 to the Tribunal hearing. The Tribunal's reasons tended to show that the appellant himself gave information identifying Mr Haque as his adviser at the relevant times, and the appellant adduced no transcript or evidence establishing that he did not give the relevant information to the Tribunal. Accordingly, he did not establish any failure to comply with s 424A and the appeal had to be dismissed.

Court Disposition

Appeal dismissed.

Orders

  • ['The name of the first respondent be changed to Minister for Immigration and Citizenship.' 'The appeal be dismissed.' "The appellant pay the first respondent's costs."]