SZJBE v Minister for Immigration & Citizenship [2007] FCA 190

SZJBE v Minister for Immigration & Citizenship [2007] FCA 190

Leave to appeal was refused because the proposed appeal had no prospects of success. The Federal Magistrates Court correctly found no arguable case: the applicant's bias allegation lacked particulars and evidence; s 91R was unnecessary because the reconstituted Tribunal decided the matter on credibility; no particulars showed what independent inquiries should have been made; and s 424A was not breached when the Tribunal assessed credibility by reference to the applicant's statements to the Tribunal as previously constituted, particularly where the inconsistencies were put to him and s 422(2) permitted regard to the prior record.

Jurisdiction
Australia
Judgment Date
13 February 2007
Procedural Posture
Migration; Application for Leave to Appeal / Application for Leave to Appeal From Orders of the Federal Magistrates Court Dismissing an Application for Judicial Review as Raising No Arguable Case
Outcome
Application for leave to appeal dismissed with costs.
Legal Topics
['protection Visa' 'refugee Review Tribunal' 'judicial Review' 'leave to Appeal' 'section 424 a Notice' 'credibility Findings' 'reconstituted Tribunal']
['migration Law' 'administrative Law'] ['protection Visa' 'refugee Review Tribunal' 'judicial Review' 'leave to Appeal' 'section 424 a Notice' 'credibility Findings' 'reconstituted Tribunal']

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Procedural Posture

Migration; Application for Leave to Appeal / Application for Leave to Appeal From Orders of the Federal Magistrates Court Dismissing an Application for Judicial Review as Raising No Arguable Case

Legal Issues

  1. 1 ["Whether leave to appeal should be granted from the Federal Magistrates Court's dismissal of the judicial review application as raising no arguable case." 'Whether the Refugee Review Tribunal breached s 424A of the Migration Act 1958 (Cth) by relying on statements made by the applicant to the Tribunal as previously constituted when assessing credibility.' "Whether the Tribunal's adverse credibility findings involved unfairness or jurisdictional error." "Whether the applicant's grounds alleging bias, failure to consider s 91R, and failure to refer to sufficient independent information were arguable."]

Ratio Decidendi

Leave to appeal was refused because the proposed appeal had no prospects of success. The Federal Magistrates Court correctly found no arguable case: the applicant's bias allegation lacked particulars and evidence; s 91R was unnecessary because the reconstituted Tribunal decided the matter on credibility; no particulars showed what independent inquiries should have been made; and s 424A was not breached when the Tribunal assessed credibility by reference to the applicant's statements to the Tribunal as previously constituted, particularly where the inconsistencies were put to him and s 422(2) permitted regard to the prior record.

Court Disposition

Application for leave to appeal dismissed with costs.

Orders

  • ['The name of the Respondent be changed to the Minister for Immigration and Citizenship.' 'The Refugee Review Tribunal be joined as Second Respondent.' 'The Application for Leave to Appeal be dismissed.' "The Applicant pay the First Respondent's costs in the sum of $1700.00."]