SZKCO v Minister for Immigration and Citizenship [2007] FCA 1177

SZKCO v Minister for Immigration and Citizenship [2007] FCA 1177

Leave to appeal was refused because the applicant did not show error by the Federal Magistrate or jurisdictional error by the Tribunal. The proposed Randhawa ground was irrelevant because relocation within India was not an issue; the Tribunal had found that the applicant had lived in and regularly visited Madras without harm. The s 424A ground had no merit because the information relied on by the Tribunal came from the applicant's oral evidence or passport, engaging s 424A(3)(b). The remaining proposed grounds were without substance and, in any event, included matters not raised before the Federal Magistrate.

Jurisdiction
Australia
Judgment Date
03 August 2007
Procedural Posture
Application for Leave to Appeal From a Decision of the Federal Magistrates Court of Australia Dismissing an Application for Judicial Review of a Refugee Review Tribunal Decision / Application for Leave to Appeal Dismissed
Outcome
Application dismissed with costs fixed at $1,400.
Legal Topics
['protection Visa' 'refugee Review Tribunal' 'judicial Review' 'jurisdictional Error' 'privative Clause Decision' 'leave to Appeal From Interlocutory Judgment' 'procedural Fairness' 'migration Act S 424 A']
['migration Law' 'administrative Law'] ['protection Visa' 'refugee Review Tribunal' 'judicial Review' 'jurisdictional Error' 'privative Clause Decision' 'leave to Appeal From Interlocutory Judgment' 'procedural Fairness' 'migration Act S 424 A']

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Procedural Posture

Application for Leave to Appeal From a Decision of the Federal Magistrates Court of Australia Dismissing an Application for Judicial Review of a Refugee Review Tribunal Decision / Application for Leave to Appeal Dismissed

Legal Issues

  1. 1 ["Whether leave to appeal should be granted from the Federal Magistrates Court's interlocutory dismissal under r 44.12(1)(a)." "Whether the applicant showed sufficient doubt as to the correctness of the Federal Magistrate's judgment and substantial injustice if leave were refused." "Whether the Tribunal's decision was vitiated by jurisdictional error despite s 474 of the Migration Act 1958 (Cth)." 'Whether the Tribunal failed to comply with s 424A of the Migration Act 1958 (Cth).' 'Whether Randhawa v Minister for Immigration, Local Government and Ethnic Affairs (1994) 52 FCR 437 assisted the applicant.']

Ratio Decidendi

Leave to appeal was refused because the applicant did not show error by the Federal Magistrate or jurisdictional error by the Tribunal. The proposed Randhawa ground was irrelevant because relocation within India was not an issue; the Tribunal had found that the applicant had lived in and regularly visited Madras without harm. The s 424A ground had no merit because the information relied on by the Tribunal came from the applicant's oral evidence or passport, engaging s 424A(3)(b). The remaining proposed grounds were without substance and, in any event, included matters not raised before the Federal Magistrate.

Court Disposition

Application dismissed with costs fixed at $1,400.

Orders

  • ['The application be dismissed.' "The applicant pay the first respondent's costs of the appeal." 'The costs referred to in Order 2 above be fixed at the sum of $1,400.' 'Reserve liberty to the applicant to apply to pay by instalments if he can not reach agreement with the first respondent to pay by instalments.']