SZKMO v Minister for Immigration and Citizenship [2007] FCA 1882

SZKMO v Minister for Immigration and Citizenship [2007] FCA 1882

The Tribunal's rejection of the appellant's claim that she had given birth to three children was a credibility and factual finding open to it on the evidence and material before it. Even if that finding were wrong, it would not constitute jurisdictional error, so there was no basis to set aside the Tribunal's decision and the appeal had to be dismissed.

Jurisdiction
Australia
Judgment Date
20 November 2007
Procedural Posture
Appeal From a Single Judge of the Federal Court of Australia Concerning Dismissal of an Application for Review of a Refugee Review Tribunal Decision Affirming Refusal of a Protection (class Xa) Visa / Appeal
Outcome
Appeal dismissed.
Legal Topics
['protection Visa' 'refugee Review Tribunal' 'jurisdictional Error' 'credibility Findings' 'china One Child Policy']
['migration Law' 'administrative Law'] ['protection Visa' 'refugee Review Tribunal' 'jurisdictional Error' 'credibility Findings' 'china One Child Policy']

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Procedural Posture

Appeal From a Single Judge of the Federal Court of Australia Concerning Dismissal of an Application for Review of a Refugee Review Tribunal Decision Affirming Refusal of a Protection (class Xa) Visa / Appeal

Legal Issues

  1. 1 ["Whether the Tribunal committed jurisdictional error in affirming refusal of the appellant's protection (Class XA) visa application." "Whether the Tribunal's adverse finding that the appellant had not had more than one child was open on the evidence and material before it."]

Ratio Decidendi

The Tribunal's rejection of the appellant's claim that she had given birth to three children was a credibility and factual finding open to it on the evidence and material before it. Even if that finding were wrong, it would not constitute jurisdictional error, so there was no basis to set aside the Tribunal's decision and the appeal had to be dismissed.

Court Disposition

Appeal dismissed.

Orders

  • ['The appeal be dismissed.' 'The appellant pay the costs of the first respondent, fixed in the sum of $2,075.00.']