SZQDR v Minister for Immigration and Border Protection [2016] FCA 543

SZQDR v Minister for Immigration and Border Protection [2016] FCA 543

The appeal was dismissed because the further evidence related to a new claim and was irrelevant to the appeal; although leave was granted to raise proposed ground 1, the appellant did not identify any information attracting s 424A and his complaint concerned the Tribunal's reasoning process rather than disclosable information. Section 424AA was discretionary and no reviewable error was shown in its use or non-use. The primary judge made no appealable error in holding that the alleged failure to consider the gravity of the appellant's circumstances was, in substance, an impermissible merits challenge where the Tribunal had considered and rejected the claims.

Jurisdiction
Australia
Judgment Date
20 May 2016
Procedural Posture
Migration Appeal From a Decision of the Federal Circuit Court of Australia Dismissing Judicial Review of a Tribunal Decision Affirming Refusal of a Protection Visa / Federal Court Appeal; Application to Adduce Further Evidence; Application for Leave to Raise a New Ground of Appeal
Outcome
Application to adduce further evidence dismissed; leave granted to raise proposed ground 1; appeal dismissed with costs fixed in favour of the first respondent.
Legal Topics
['protection Visa' 'complementary Protection' 'judicial Review' 'jurisdictional Error' 'section 424 a Notice' 'section 424 AA Oral Particulars' 'credibility Findings' 'further Evidence on Appeal' 'merits Review']
['migration Law' 'administrative Law'] ['protection Visa' 'complementary Protection' 'judicial Review' 'jurisdictional Error' 'section 424 a Notice' 'section 424 AA Oral Particulars' 'credibility Findings' 'further Evidence on Appeal' 'merits Review']

Case Brief

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Procedural Posture

Migration Appeal From a Decision of the Federal Circuit Court of Australia Dismissing Judicial Review of a Tribunal Decision Affirming Refusal of a Protection Visa / Federal Court Appeal; Application to Adduce Further Evidence; Application for Leave to Raise a New Ground of Appeal

Legal Issues

  1. 1 ['Whether further evidence about a recent suicide in India and alleged new fear of persecution should be admitted on the appeal.' 'Whether the appellant should have leave to rely on a new ground alleging non-compliance with s 424A of the Migration Act 1958 (Cth), read with s 424AA.' 'Whether the Tribunal failed to comply with s 424A by not giving clear particulars of information said to be part of the reason for affirming the decision under review.' 'Whether s 424AA imposed a mandatory obligation on the Tribunal to give oral particulars and invite comment.' "Whether the primary judge erred in rejecting the claim that the Tribunal failed to take into account the full gravity of the appellant's circumstances and the consequence of his claims."]

Ratio Decidendi

The appeal was dismissed because the further evidence related to a new claim and was irrelevant to the appeal; although leave was granted to raise proposed ground 1, the appellant did not identify any information attracting s 424A and his complaint concerned the Tribunal's reasoning process rather than disclosable information. Section 424AA was discretionary and no reviewable error was shown in its use or non-use. The primary judge made no appealable error in holding that the alleged failure to consider the gravity of the appellant's circumstances was, in substance, an impermissible merits challenge where the Tribunal had considered and rejected the claims.

Court Disposition

Application to adduce further evidence dismissed; leave granted to raise proposed ground 1; appeal dismissed with costs fixed in favour of the first respondent.

Orders

  • ["The appellant's application to adduce further evidence be dismissed." 'The appellant have leave to raise proposed ground 1 in the notice of appeal dated 14 March 2016.' 'The appeal be dismissed.' "The appellant pay the first respondent's costs, in the fixed amount of $4,350."]