SZMSB v Minister for Immigration and Citizenship [2009] FCA 373

SZMSB v Minister for Immigration and Citizenship [2009] FCA 373

None of the grounds of appeal were made out; the Tribunal's credibility and fact finding was supported by evidence; the Federal Magistrate did not err in judicial review.

Parties
Appellant: SZMSB; First Respondent: Minister for Immigration and Citizenship; Second Respondent: Refugee Review Tribunal
Jurisdiction
Australia
Judgment Date
22 April 2009
Procedural Posture
Appeal / Judgment
Outcome
Appeal dismissed
Legal Topics
Judicial Review, Procedural Fairness, Protection Visa, Refugee Status
Administrative Law Migration Law Judicial Review Procedural Fairness Protection Visa Refugee Status

Case Brief

Summary, issues, holding and outcome

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Parties

SZMSB

Appellant

Minister for Immigration and Citizenship

First Respondent

Refugee Review Tribunal

Second Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the Tribunal failed to afford procedural fairness
  2. 2 Whether the Tribunal failed to exercise power under s 427(1)(d) of the Migration Act
  3. 3 Whether the Tribunal failed to perform its duty under s 424(1) of the Migration Act

Ratio Decidendi

None of the grounds of appeal were made out; the Tribunal's credibility and fact finding was supported by evidence; the Federal Magistrate did not err in judicial review.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed.