SZIBU & Another v Minister for Immigration and Citizenship & Another [2007] FCA 108

SZIBU & Another v Minister for Immigration and Citizenship & Another [2007] FCA 108

The Tribunal's and Federal Magistrate's findings that the harm suffered by the appellant was not for a Convention reason was open on the evidence. There was no jurisdictional error. The appeal is dismissed.

Parties
Appellant: SZIBU; Appellant: SZIBV; First Respondent: Minister for Immigration and Citizenship; Second Respondent: Refugee Review Tribunal
Jurisdiction
Australia
Judgment Date
13 February 2006
Procedural Posture
Appeal / Judgment on Appeal
Outcome
appeal dismissed
Legal Topics
Judicial Review, Refugee Status, Protection Visa, Jurisdictional Error
Administrative Law Migration Law Judicial Review Refugee Status Protection Visa Jurisdictional Error

Case Brief

Summary, issues, holding and outcome

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Parties

SZIBU

Appellant

SZIBV

Appellant

Minister for Immigration and Citizenship

First Respondent

Refugee Review Tribunal

Second Respondent

Procedural Posture

Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the Tribunal and the Federal Magistrate erred in not recognising Convention reasons for harm
  2. 2 Whether there was a jurisdictional error in the Tribunal's assessment of the appellant's claims
  3. 3 Whether the Federal Magistrate failed to consider arguments regarding relocation and real chance of persecution

Ratio Decidendi

The Tribunal's and Federal Magistrate's findings that the harm suffered by the appellant was not for a Convention reason was open on the evidence. There was no jurisdictional error. The appeal is dismissed.

Court Disposition

appeal dismissed

Orders

  • Appeal be dismissed.
  • The appellants pay the costs of the first respondent in the sum of $3000.00.