SZJGV v Minister for Immigration and Citizenship [2008] FCAFC 105

SZJGV v Minister for Immigration and Citizenship [2008] FCAFC 105

In each case, the Tribunal breached s 91R(3) by taking into account applicants' conduct in Australia after determining the conduct was engaged in for the purpose of strengthening their refugee claims, without being satisfied otherwise. This amounted to a jurisdictional error requiring the appeal to be allowed and the matter remitted.

Jurisdiction
Australia
Judgment Date
19 June 2008
Procedural Posture
Judicial Review Appeals / Appeal From Federal Magistrates Court; Application for Leave to Appeal
Outcome
Appeals allowed; application for leave to appeal granted; matters remitted to Refugee Review Tribunal, differently constituted
Legal Topics
['protection Visas' 'jurisdictional Error' 's 91 R(3) Migration Act' 'sur Place Claims']
['migration Law' 'administrative Law'] ['protection Visas' 'jurisdictional Error' 's 91 R(3) Migration Act' 'sur Place Claims']

Case Brief

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Procedural Posture

Judicial Review Appeals / Appeal From Federal Magistrates Court; Application for Leave to Appeal

Legal Issues

  1. 1 ["Whether the Tribunal contravened s 91R(3) of the Migration Act 1958 by having regard to applicants' conduct in Australia when determining refugee status" 'Proper construction and application of s 91R(3) in protection visa determination']

Ratio Decidendi

In each case, the Tribunal breached s 91R(3) by taking into account applicants' conduct in Australia after determining the conduct was engaged in for the purpose of strengthening their refugee claims, without being satisfied otherwise. This amounted to a jurisdictional error requiring the appeal to be allowed and the matter remitted.

Court Disposition

Appeals allowed; application for leave to appeal granted; matters remitted to Refugee Review Tribunal, differently constituted

Orders

  • ['Appeals (SZJGV and SZKBK) allowed' 'Application for leave to appeal (SZJXO) granted; appeal allowed' 'Orders of Federal Magistrates Court set aside' 'Application for review of Refugee Review Tribunal decisions allowed with costs' 'Matters remitted to Refugee Review Tribunal, differently constituted, to be heard...