SZNMJ v Minister for Immigration and Citizenship [2009] FCA 1345

SZNMJ v Minister for Immigration and Citizenship [2009] FCA 1345

Leave to rely on the first two proposed grounds was refused because they were unmeritorious: the Tribunal considered the STARTTS report, accepted the appellant had PTSD and Dysthymia, addressed his capacity to participate effectively in the Tribunal hearing, and was not required to investigate what the appellant may have told the psychologist or to use the report as corroboration where it contained no factual history. The third ground failed because the Tribunal's comment that the STARTTS report contained no history was not information relied upon as a reason for affirming the delegate's decision and did not reject, deny or undermine the appellant's claims; the Tribunal's decision turned...

Jurisdiction
Australia
Judgment Date
20 November 2009
Procedural Posture
Migration Appeal Concerning Judicial Review of Refusal of a Protection (class Xa) Visa / Appeal From the Federal Magistrates Court of Australia; Leave Sought to Rely on New Grounds; Final Judgment
Outcome
Appeal dismissed; leave refused to rely on proposed grounds one and two of the Amended Notice of Appeal; ground three dismissed.
Legal Topics
['protection Visa' 'jurisdictional Error' 'refugee Review Tribunal' 'duty to Inquire' 'psychological Evidence' 'procedural Fairness' 'migration Act S 424 A']
['migration Law' 'administrative Law' 'refugee Law'] ['protection Visa' 'jurisdictional Error' 'refugee Review Tribunal' 'duty to Inquire' 'psychological Evidence' 'procedural Fairness' 'migration Act S 424 A']

Case Brief

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Procedural Posture

Migration Appeal Concerning Judicial Review of Refusal of a Protection (class Xa) Visa / Appeal From the Federal Magistrates Court of Australia; Leave Sought to Rely on New Grounds; Final Judgment

Legal Issues

  1. 1 ['Whether the Tribunal made jurisdictional error by failing to inquire into the circumstances underlying the STARTTS psychological report.' 'Whether the Tribunal failed to lawfully consider the STARTTS psychological report.' "Whether the Tribunal breached s 424A of the Migration Act 1958 (Cth) by not giving particulars or inviting response concerning the absence of the appellant's history in the STARTTS report." 'Whether leave should be granted to rely on new grounds not raised before the Federal Magistrate.']

Ratio Decidendi

Leave to rely on the first two proposed grounds was refused because they were unmeritorious: the Tribunal considered the STARTTS report, accepted the appellant had PTSD and Dysthymia, addressed his capacity to participate effectively in the Tribunal hearing, and was not required to investigate what the appellant may have told the psychologist or to use the report as corroboration where it contained no factual history. The third ground failed because the Tribunal's comment that the STARTTS report contained no history was not information relied upon as a reason for affirming the delegate's decision and did not reject, deny or undermine the appellant's claims; the Tribunal's decision turned...

Court Disposition

Appeal dismissed; leave refused to rely on proposed grounds one and two of the Amended Notice of Appeal; ground three dismissed.

Orders

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