SZIEN v Minister for Immigration & Multicultural Affairs [2006] FCA 1422

SZIEN v Minister for Immigration & Multicultural Affairs [2006] FCA 1422

The judgment of the Federal Magistrate was not attended with sufficient doubt to warrant leave to appeal, as the credibility findings were supported by the record and the only legal ground advanced under s 424A had no merit due to s 424A(3)(a). No substantial injustice would arise from refusing leave.

Parties
Applicant: SZIEN; First Respondent: Minister for Immigration and Multicultural Affairs; Second Respondent: Refugee Review Tribunal
Jurisdiction
Australia
Judgment Date
01 November 2006
Procedural Posture
Application for Leave to Appeal / Decision on Application for Leave to Appeal From Interlocutory Judgment
Outcome
application for leave to appeal refused with costs
Legal Topics
Protection Visa, Judicial Review, Leave to Appeal, Procedural Fairness, Country Information
Migration Law Protection Visa Judicial Review Leave to Appeal Procedural Fairness Country Information

Case Brief

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Parties

SZIEN

Applicant

Minister for Immigration and Multicultural Affairs

First Respondent

Refugee Review Tribunal

Second Respondent

Procedural Posture

Application for Leave to Appeal / Decision on Application for Leave to Appeal From Interlocutory Judgment

Legal Issues

  1. 1 Whether leave to appeal should be granted from an interlocutory decision of the Federal Magistrates Court dismissing an application for judicial review of a Refugee Review Tribunal decision affirming refusal of a protection visa
  2. 2 Whether the Federal Magistrate erred in assessing the applicant's non-attendance and credibility
  3. 3 Whether the Refugee Review Tribunal denied the applicant procedural fairness under s 424A of the Migration Act 1958 (Cth)

Ratio Decidendi

The judgment of the Federal Magistrate was not attended with sufficient doubt to warrant leave to appeal, as the credibility findings were supported by the record and the only legal ground advanced under s 424A had no merit due to s 424A(3)(a). No substantial injustice would arise from refusing leave.

Court Disposition

application for leave to appeal refused with costs

Orders

  • The application for leave to appeal is refused.
  • The applicant pay the first respondent's costs of the appeal.