SZNWO v Minister for Immigration and Citizenship [2010] FCA 201

SZNWO v Minister for Immigration and Citizenship [2010] FCA 201

The Federal Magistrates Court fully considered, and did not err in rejecting, the ground of judicial review regarding alleged procedural unfairness by the Tribunal. The Tribunal was not obliged under s 424A to put to the appellant information about inconsistencies in his evidence, as such inconsistencies are not ‘information’ within the meaning of the section. No undertaking by the Tribunal to allow further written comment was found. The appeal was dismissed as the ground of appeal was not made out.

Parties
Appellant: SZNWO; First Respondent: Minister for Immigration and Citizenship; Second Respondent: Refugee Review Tribunal
Jurisdiction
Australia
Judgment Date
11 March 2010
Procedural Posture
Appeal From the Federal Magistrates Court of Australia (judicial Review) / Judgment on Appeal in the Federal Court of Australia
Outcome
Appeal dismissed with costs
Legal Topics
Judicial Review, Procedural Fairness, Protection Visa, Refugee Law
Migration Law Administrative Law Judicial Review Procedural Fairness Protection Visa Refugee Law

Case Brief

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Parties

SZNWO

Appellant

Minister for Immigration and Citizenship

First Respondent

Refugee Review Tribunal

Second Respondent

Procedural Posture

Appeal From the Federal Magistrates Court of Australia (judicial Review) / Judgment on Appeal in the Federal Court of Australia

Legal Issues

  1. 1 Whether the Tribunal denied the applicant procedural fairness by failing to provide opportunity to make written submissions about inconsistencies in evidence
  2. 2 Whether the Tribunal failed obligations under s 424A of the Migration Act 1958 (Cth)
  3. 3 Whether the Federal Magistrates Court erred in considering grounds of judicial review

Ratio Decidendi

The Federal Magistrates Court fully considered, and did not err in rejecting, the ground of judicial review regarding alleged procedural unfairness by the Tribunal. The Tribunal was not obliged under s 424A to put to the appellant information about inconsistencies in his evidence, as such inconsistencies are not ‘information’ within the meaning of the section. No undertaking by the Tribunal to allow further written comment was found. The appeal was dismissed as the ground of appeal was not made out.

Court Disposition

Appeal dismissed with costs

Orders

  • The appeal be dismissed.
  • The appellant pay the first respondent's costs fixed in the sum of $2575.00.