SZJDS v Minister for Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 1272

SZJDS v Minister for Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 1272

The appeal was dismissed because the new guidelines ground was not properly identified and leave to rely on it was refused; the invalid s 438 certificate and its non-disclosure caused no practical injustice or material denial of an opportunity to make submissions; the Tribunal's adverse credibility findings were reasonably open, rational and based on logically probative material; no overlooked claim or relevant error was shown; and no facts supported a reasonable apprehension of bias.

Jurisdiction
Australia
Judgment Date
28 October 2022
Procedural Posture
Migration Appeal From Decision of the Federal Circuit Court of Australia Dismissing an Application for Judicial Review of an Administrative Appeals Tribunal Decision Affirming Refusal of a Protection Visa / Appeal Determined on the Papers
Outcome
Appeal dismissed.
Legal Topics
['protection Visa' 'judicial Review' 'jurisdictional Error' 'ministerial Directions and Guidelines' 'invalid Certificate Under S 438 of the Migration Act 1958 (cth)' 'procedural Fairness' 'legal Unreasonableness' 'apprehended Bias']
['migration' 'administrative Law'] ['protection Visa' 'judicial Review' 'jurisdictional Error' 'ministerial Directions and Guidelines' 'invalid Certificate Under S 438 of the Migration Act 1958 (cth)' 'procedural Fairness' 'legal Unreasonableness' 'apprehended Bias']

Case Brief

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Procedural Posture

Migration Appeal From Decision of the Federal Circuit Court of Australia Dismissing an Application for Judicial Review of an Administrative Appeals Tribunal Decision Affirming Refusal of a Protection Visa / Appeal Determined on the Papers

Legal Issues

  1. 1 ['Whether the primary judge erred in failing to hold that the Tribunal made a jurisdictional error by failing to comply with ss 424A or 499 of the Migration Act 1958 (Cth) or relevant guidelines.' "Whether the Tribunal's decision was vitiated because it proceeded on an invalid certificate issued under s 438 of the Migration Act 1958 (Cth)." 'Whether the Tribunal committed a breach of procedure by failing to disclose the existence of the s 438 certificate to the appellant.' "Whether the Tribunal's fact finding was objectively unreasonable." "Whether the Tribunal's conduct gave rise to apprehended bias."]

Ratio Decidendi

The appeal was dismissed because the new guidelines ground was not properly identified and leave to rely on it was refused; the invalid s 438 certificate and its non-disclosure caused no practical injustice or material denial of an opportunity to make submissions; the Tribunal's adverse credibility findings were reasonably open, rational and based on logically probative material; no overlooked claim or relevant error was shown; and no facts supported a reasonable apprehension of bias.

Court Disposition

Appeal dismissed.

Orders

  • ['The appeal be dismissed.' "The appellant pay the first respondent's costs of the appeal."]