SZKIW v Minister for Immigration & Citizenship [2008] FCA 263

SZKIW v Minister for Immigration & Citizenship [2008] FCA 263

The appeal was dismissed because the Tribunal's adverse credibility findings were open on the evidence, and there were no errors of law or breaches of procedural fairness, bias, or relevant statutory provisions identified in the Tribunal or Federal Magistrates Court's decisions.

Parties
Appellant: SZKIW; First Respondent: Minister for Immigration & Citizenship; Second Respondent: Refugee Review Tribunal
Jurisdiction
Australia
Judgment Date
06 March 2008
Procedural Posture
Appeal / Appeal From Federal Magistrates Court
Outcome
appeal dismissed
Legal Topics
Protection Visa, Credibility, Judicial Review, Procedural Fairness
Migration Protection Visa Credibility Judicial Review Procedural Fairness

Case Brief

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Parties

SZKIW

Appellant

Minister for Immigration & Citizenship

First Respondent

Refugee Review Tribunal

Second Respondent

Procedural Posture

Appeal / Appeal From Federal Magistrates Court

Legal Issues

  1. 1 Whether the Tribunal's adverse credibility findings constituted jurisdictional error
  2. 2 Whether the Tribunal or Federal Magistrate breached s 91R or s 424A of the Migration Act 1958 (Cth)
  3. 3 Whether there was bias in the Tribunal's decision

Ratio Decidendi

The appeal was dismissed because the Tribunal's adverse credibility findings were open on the evidence, and there were no errors of law or breaches of procedural fairness, bias, or relevant statutory provisions identified in the Tribunal or Federal Magistrates Court's decisions.

Court Disposition

appeal dismissed

Orders

  • The appeal be dismissed.
  • The appellant pay the first respondent's costs in the sum of $1,500.