SZIBB v Minister for Immigration & Multicultural Affairs [2006] FCA 1650

SZIBB v Minister for Immigration & Multicultural Affairs [2006] FCA 1650

The Tribunal did not commit jurisdictional error and accorded the appellant procedural fairness; there was no error on the part of the Federal Magistrate in dismissing the application for constitutional writ relief.

Parties
Appellant: SZIBB; First Respondent: Minister for Immigration and Multicultural Affairs; Second Respondent: Refugee Review Tribunal
Jurisdiction
Australia
Judgment Date
20 November 2006
Procedural Posture
Appeal / Federal Court of Australia on Appeal From Federal Magistrates Court
Outcome
appeal dismissed
Legal Topics
Protection Visa, Refugees Convention, Jurisdictional Error, Procedural Fairness, Natural Justice

Case Brief

Summary, issues, holding and outcome

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Parties

SZIBB

Appellant

Minister for Immigration and Multicultural Affairs

First Respondent

Refugee Review Tribunal

Second Respondent

Procedural Posture

Appeal / Federal Court of Australia on Appeal From Federal Magistrates Court

  1. 1 Whether the Refugee Review Tribunal committed jurisdictional error
  2. 2 Whether the Tribunal failed to accord procedural fairness or natural justice to the appellant
  3. 3 Whether the Tribunal erred in not accepting appellant's claims of persecution based on religion

Ratio Decidendi

The Tribunal did not commit jurisdictional error and accorded the appellant procedural fairness; there was no error on the part of the Federal Magistrate in dismissing the application for constitutional writ relief.

Court Disposition

appeal dismissed

Orders

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