SZJJC v Minister for Immigration & Citizenship [2008] FCA 614

SZJJC v Minister for Immigration & Citizenship [2008] FCA 614

No breach of s 424A or s 430 of the Migration Act 1958 (Cth) is made out; the Tribunal's findings were open to it on the evidence and reasons were adequately given; the information relied upon by the Tribunal was not required to be provided to the appellant under s 424A; the appeal is dismissed.

Parties
Appellant: SZJJC; First Respondent: Minister for Immigration & Citizenship; Second Respondent: Refugee Review Tribunal
Jurisdiction
Australia
Judgment Date
06 May 2008
Procedural Posture
Appeal / Judgment
Outcome
Appeal dismissed
Legal Topics
Migration Act 1958 (cth), Refugee Status Determination, Judicial Review, Reasons for Decision, Statutory Construction
Migration Law Administrative Law Migration Act 1958 (cth) Refugee Status Determination Judicial Review Reasons for Decision Statutory Construction

Case Brief

Summary, issues, holding and outcome

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Parties

SZJJC

Appellant

Minister for Immigration & Citizenship

First Respondent

Refugee Review Tribunal

Second Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether there was a breach of s 424A(1) or s 424A(3) of the Migration Act 1958 (Cth) in failing to provide required information to the applicant.
  2. 2 Whether the Tribunal failed to comply with s 430 of the Migration Act 1958 (Cth) by not giving proper reasons and evidence for its decision.
  3. 3 Whether the Tribunal made a jurisdictional error in its findings regarding the applicant's business losses.

Ratio Decidendi

No breach of s 424A or s 430 of the Migration Act 1958 (Cth) is made out; the Tribunal's findings were open to it on the evidence and reasons were adequately given; the information relied upon by the Tribunal was not required to be provided to the appellant under s 424A; the appeal is dismissed.

Court Disposition

Appeal dismissed

Orders

  • The appeal be dismissed.
  • The Appellant to pay the costs of the First Respondent of and incidental to the appeal.