SZNRC v Minister for Immigration & Citizenship [2009] FCA 1454

SZNRC v Minister for Immigration & Citizenship [2009] FCA 1454

The applicant failed to identify any error by the Federal Magistrates Court in concluding there was no arguable case of jurisdictional error by the Tribunal. There was no substance in the proposed ground of appeal relating to s 424 of the Migration Act. Leave to appeal is therefore refused.

Jurisdiction
Australia
Judgment Date
25 November 2009
Procedural Posture
Application for Leave to Appeal / Leave to Appeal From Orders of the Federal Magistrates Court
Outcome
Application for leave to appeal refused
Legal Topics
['jurisdictional Error' 'refugee Status' 'protection Visa' 'relocation Assessment' 'procedural Fairness']
['migration Law'] ['jurisdictional Error' 'refugee Status' 'protection Visa' 'relocation Assessment' 'procedural Fairness']

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Procedural Posture

Application for Leave to Appeal / Leave to Appeal From Orders of the Federal Magistrates Court

Legal Issues

  1. 1 ['Whether the Tribunal erred in assessing the reasonableness of relocation within India for the applicant' 'Whether the Tribunal failed to provide the applicant with an opportunity to address inconsistencies in his evidence' 'Whether the Tribunal complied with s 424(3)(a) and s 424B of the Migration Act 1958 (Cth)' 'Whether the Federal Magistrates Court failed to consider an arguable case of jurisdictional error']

Ratio Decidendi

The applicant failed to identify any error by the Federal Magistrates Court in concluding there was no arguable case of jurisdictional error by the Tribunal. There was no substance in the proposed ground of appeal relating to s 424 of the Migration Act. Leave to appeal is therefore refused.

Court Disposition

Application for leave to appeal refused

Orders

  • ['The application for leave to appeal be refused.' "The applicant pay the First Respondent's costs of the application."]