SZMBS v Minister for Immigration and Citizenship [2009] FCAFC 65

SZMBS v Minister for Immigration and Citizenship [2009] FCAFC 65

The Tribunal did not invite Brother Poh to give additional information within s 424(2) by telephoning him during the hearing; it merely took up the general invitation in the church letter to make further enquiry, with the appellant's consent and encouragement, and Brother Poh had not previously given information to the Tribunal. Section 424(3) was therefore not enlivened. In any event, the conversation added no material information beyond corroborating the appellant's accepted attendance at the Sydney church and could not found jurisdictional error. The Tribunal also did not fail to comply with s 91R(3): it made credibility findings about the appellant's claimed religious involvement in...

Jurisdiction
Australia
Judgment Date
03 June 2009
Procedural Posture
Migration Appeal Concerning Judicial Review of Refugee Review Tribunal Decision Affirming Refusal of a Protection Visa / Appeal From the Federal Magistrates Court of Australia
Outcome
Appeal dismissed with costs.
Legal Topics
['protection Visa' 'refugee Review Tribunal Procedure' 'jurisdictional Error' 'additional Information Under S 424 of the Migration Act 1958 (cth)' 'conduct in Australia Under S 91 R(3) of the Migration Act 1958 (cth)']
['migration Law' 'administrative Law'] ['protection Visa' 'refugee Review Tribunal Procedure' 'jurisdictional Error' 'additional Information Under S 424 of the Migration Act 1958 (cth)' 'conduct in Australia Under S 91 R(3) of the Migration Act 1958 (cth)']

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Procedural Posture

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

Legal Issues

  1. 1 ["Whether the Tribunal's telephone call to the pastor of the Local Church was an invitation to give additional information under s 424(2) of the Migration Act 1958 (Cth), requiring compliance with s 424(3)." 'Whether any failure to comply with s 424(3) was jurisdictional error.' "Whether the Tribunal failed to disregard the appellant's conduct in Australia, namely attending the Local Church in Sydney, as required by s 91R(3) of the Migration Act 1958 (Cth)."]

Ratio Decidendi

The Tribunal did not invite Brother Poh to give additional information within s 424(2) by telephoning him during the hearing; it merely took up the general invitation in the church letter to make further enquiry, with the appellant's consent and encouragement, and Brother Poh had not previously given information to the Tribunal. Section 424(3) was therefore not enlivened. In any event, the conversation added no material information beyond corroborating the appellant's accepted attendance at the Sydney church and could not found jurisdictional error. The Tribunal also did not fail to comply with s 91R(3): it made credibility findings about the appellant's claimed religious involvement in...

Court Disposition

Appeal dismissed with costs.

Orders

  • ['The appeal be dismissed.' "The Appellant pay the First Respondent's costs of the appeal."]