SZIJD v Minister for Immigration and Citizenship [2007] FCA 1853

SZIJD v Minister for Immigration and Citizenship [2007] FCA 1853

The Federal Magistrate made no error in concluding that the Tribunal did not breach s 424A because its findings were open on information given by the appellant at the hearing and information from his passport given for the purposes of the hearing, with no relevant inconsistency. The appellant's remaining grounds were general, unhelpful, or not raised below, and there was no reason to grant leave to rely on new material.

Jurisdiction
Australia
Judgment Date
12 November 2007
Procedural Posture
Appeal From the Federal Magistrates Court of Australia Concerning Judicial Review of a Refugee Review Tribunal Decision / Appeal Dismissed
Outcome
Appeal dismissed with costs.
Legal Topics
['refugee Visa Review' 'judicial Review' 'migration Act 1958 (cth) S 424 A' 'well Founded Fear of Persecution' 'state Protection' 'internal Relocation']
['migration Law' 'administrative Law'] ['refugee Visa Review' 'judicial Review' 'migration Act 1958 (cth) S 424 A' 'well Founded Fear of Persecution' 'state Protection' 'internal Relocation']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Appeal From the Federal Magistrates Court of Australia Concerning Judicial Review of a Refugee Review Tribunal Decision / Appeal Dismissed

Legal Issues

  1. 1 ['Whether the Federal Magistrates Court erred in declining judicial review of the Refugee Review Tribunal decision.' 'Whether the Tribunal breached s 424A of the Migration Act 1958 (Cth) by failing to give the appellant information in writing concerning passport entries and alleged inconsistency with his claims.' 'Whether the appellant should be permitted to rely on grounds not raised before the Federal Magistrates Court.']

Ratio Decidendi

The Federal Magistrate made no error in concluding that the Tribunal did not breach s 424A because its findings were open on information given by the appellant at the hearing and information from his passport given for the purposes of the hearing, with no relevant inconsistency. The appellant's remaining grounds were general, unhelpful, or not raised below, and there was no reason to grant leave to rely on new material.

Court Disposition

Appeal dismissed with costs.

Orders

  • ['The appeal be dismissed.' "The appellant pay the first respondent's costs of the appeal assessed in the sum of $3,000."]