SZLPV v Minister for Immigration & Citizenship [2008] FCA 1778
No breach of s 424A of the Migration Act 1958 (Cth) occurred because the independent country information was not specifically about the appellant but about a class of persons of which he was a member, and s 424A(3)(a) applied.
- Jurisdiction
- Australia
- Judgment Date
- 26 November 2008
- Procedural Posture
- Appeal / Judgment on Appeal From the Federal Magistrates Court
- Outcome
- appeal dismissed
- Legal Topics
- ['judicial Review' 'protection Visa' 'procedural Fairness' 'section 424 a Migration Act']
Case Brief
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Procedural Posture
Appeal / Judgment on Appeal From the Federal Magistrates Court
Legal Issues
- 1 ['Whether the Refugee Review Tribunal breached s 424A of the Migration Act 1958 (Cth) by failing to put independent country information to the appellant for comment']
Ratio Decidendi
No breach of s 424A of the Migration Act 1958 (Cth) occurred because the independent country information was not specifically about the appellant but about a class of persons of which he was a member, and s 424A(3)(a) applied.
Court Disposition
appeal dismissed
Orders
- ['The appeal is dismissed.' "The appellant pay the first respondent's costs of the appeal."]
Full Case Text
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