SZNDZ v Minister for Immigration & Citizenship [2009] FCA 964

SZNDZ v Minister for Immigration & Citizenship [2009] FCA 964

As long as there is evidence on which a factual finding, including credibility, can be made, there is no scope for intervention by a Court conducting judicial review. The Tribunal did not fall into jurisdictional error and the grounds of appeal do not establish reviewable error.

Jurisdiction
Australia
Judgment Date
06 August 2009
Procedural Posture
Appeal / Judgment
Outcome
appeal dismissed
Legal Topics
['judicial Review' 'protection Visa' 'tribunal Credibility Findings']
['administrative Law' 'immigration Law'] ['judicial Review' 'protection Visa' 'tribunal Credibility Findings']

Case Brief

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Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 ['Whether the Tribunal erred in its credibility findings' 'Whether the Federal Magistrates Court erred in judicial review' 'Procedural fairness by the Tribunal']

Ratio Decidendi

As long as there is evidence on which a factual finding, including credibility, can be made, there is no scope for intervention by a Court conducting judicial review. The Tribunal did not fall into jurisdictional error and the grounds of appeal do not establish reviewable error.

Court Disposition

appeal dismissed

Orders

  • ['The appeal is dismissed.' 'The appellant is to pay the costs of the first respondent, of and incidental to the appeal, to be taxed if not agreed.']