SZMZY v Minister for Immigration and Citizenship [2009] FCA 1443

SZMZY v Minister for Immigration and Citizenship [2009] FCA 1443

No error was made out by the applicant in the Federal Magistrate's decision; the appeal is doomed to fail as neither ground demonstrates legal error or jurisdictional error due to application of s 91R(3).

Parties
Applicant: SZMZY; First Respondent: Minister for Immigration and Citizenship; Second Respondent: Refugee Review Tribunal
Jurisdiction
Australia
Judgment Date
09 December 2009
Procedural Posture
Application for Leave to Appeal / Judgment
Outcome
Application dismissed
Legal Topics
Protection Visa, Jurisdictional Error, Application of S 91 R(3) of the Migration Act 1958 (cth), Refugees Convention, Falun Gong Practices
Administrative Law Migration Law Protection Visa Jurisdictional Error Application of S 91 R(3) of the Migration Act 1958 (cth) Refugees Convention Falun Gong Practices

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Parties

SZMZY

Applicant

Minister for Immigration and Citizenship

First Respondent

Refugee Review Tribunal

Second Respondent

Procedural Posture

Application for Leave to Appeal / Judgment

Legal Issues

  1. 1 Whether the Tribunal's decision was affected by jurisdictional error in incorrectly applying s 91R(3) of the Migration Act 1958 (Cth)
  2. 2 Whether the Federal Magistrate made legal errors in dismissing the application

Ratio Decidendi

No error was made out by the applicant in the Federal Magistrate's decision; the appeal is doomed to fail as neither ground demonstrates legal error or jurisdictional error due to application of s 91R(3).

Court Disposition

Application dismissed

Orders

  • The application be dismissed.
  • The applicant pay the respondents' costs fixed in the sum of $2735.00