SZKTR v Minister for Immigration and Citizenship [2007] FCA 1767

SZKTR v Minister for Immigration and Citizenship [2007] FCA 1767

The appeal failed because, even assuming a breach of s 430B of the Migration Act 1958 (Cth) in the giving of the Tribunal's decision, no jurisdictional error ensued, and the alleged breach of s 424A was unparticularised and was not advanced by oral argument on appeal.

Jurisdiction
Australia
Judgment Date
20 November 2007
Procedural Posture
Appeal From the Federal Magistrates Court of Australia Concerning Judicial Review of a Refugee Review Tribunal Protection Visa Decision / Appeal
Outcome
The appeal is dismissed.
Legal Topics
['protection Visa' 'refugee Review Tribunal' 'notification of Tribunal Decision' 'jurisdictional Error' 'section 424 a Invitation to Comment']
['migration Law' 'administrative Law'] ['protection Visa' 'refugee Review Tribunal' 'notification of Tribunal Decision' 'jurisdictional Error' 'section 424 a Invitation to Comment']

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Procedural Posture

Appeal From the Federal Magistrates Court of Australia Concerning Judicial Review of a Refugee Review Tribunal Protection Visa Decision / Appeal

Legal Issues

  1. 1 ["Whether any breach of s 430B of the Migration Act 1958 (Cth) in giving the Tribunal's decision resulted in jurisdictional error." 'Whether the Tribunal breached s 424A of the Migration Act 1958 (Cth) by failing to invite the appellant to comment on information that would be the reason or part of the reason for affirming the decision under review.']

Ratio Decidendi

The appeal failed because, even assuming a breach of s 430B of the Migration Act 1958 (Cth) in the giving of the Tribunal's decision, no jurisdictional error ensued, and the alleged breach of s 424A was unparticularised and was not advanced by oral argument on appeal.

Court Disposition

The appeal is dismissed.

Orders

  • ['The appeal is dismissed.' "The appellant pay the first respondent's costs of the appeal fixed at $2,200.00."]