SZIHU v Minister for Immigration and Multicultural Affairs & Anor [2006] FCA 1675

SZIHU v Minister for Immigration and Multicultural Affairs & Anor [2006] FCA 1675

Neither ground advanced by the appellant constituted a Convention reason as required by the Migration Act 1958 (Cth); both the Refugee Review Tribunal and Federal Magistrates Court were correct to dismiss the claims.

Jurisdiction
Australia
Judgment Date
20 November 2006
Procedural Posture
Appeal / Judgment
Outcome
Appeal dismissed with costs
Legal Topics
['protection Visas' 'refugees Convention' 'judicial Review' 'convention Reason']
['migration Law'] ['protection Visas' 'refugees Convention' 'judicial Review' 'convention Reason']

Case Brief

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Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 ["Whether appellant's fear of persecution is for a Convention reason" 'Whether s 91S of the Migration Act 1958 (Cth) excludes appellant’s claims' 'Whether reliance on out of date country evidence constitutes jurisdictional error']

Ratio Decidendi

Neither ground advanced by the appellant constituted a Convention reason as required by the Migration Act 1958 (Cth); both the Refugee Review Tribunal and Federal Magistrates Court were correct to dismiss the claims.

Court Disposition

Appeal dismissed with costs

Orders

  • ['Appeal dismissed with costs']