SZITN v Minister for Immigration and Citizenship [2007] FCA 1007

SZITN v Minister for Immigration and Citizenship [2007] FCA 1007

The appellant's post-hearing statement verified and adopted his original visa application statement, so information therein was exempt from the requirement of written particulars under s 424A(3)(b), and no jurisdictional error occurred.

Parties
Appellant: SZITN; First Respondent: Minister for Immigration and Citizenship; Second Respondent: Refugee Review Tribunal
Jurisdiction
Australia
Judgment Date
05 July 2007
Procedural Posture
Appeal / Judgment
Outcome
Appeal dismissed with costs
Legal Topics
Jurisdictional Error, Protection Visa, Credibility Findings, Section 424 a Migration Act

Case Brief

Summary, issues, holding and outcome

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Parties

SZITN

Appellant

Minister for Immigration and Citizenship

First Respondent

Refugee Review Tribunal

Second Respondent

Procedural Posture

Appeal / Judgment

  1. 1 Whether the Tribunal provided the appellant with particulars in writing of allegedly inconsistent information relied upon in its reasons
  2. 2 Whether the Tribunal contravened s 424A of the Migration Act 1958 (Cth)

Ratio Decidendi

The appellant's post-hearing statement verified and adopted his original visa application statement, so information therein was exempt from the requirement of written particulars under s 424A(3)(b), and no jurisdictional error occurred.

Court Disposition

Appeal dismissed with costs

Orders

  • The name of the first respondent is varied to 'Minister for Immigration and Citizenship'.
  • The appeal is dismissed.