SZQIW v Minister for Immigration and Border Protection [2018] FCA 1078

SZQIW v Minister for Immigration and Border Protection [2018] FCA 1078

The Tribunal did not misconstrue or misapply s 91R or s 36(2A) of the Migration Act 1958 as its findings turned upon credibility and factual assessments, which were rational and not legally unreasonable. Because s 48A barred a claim under the Refugee Criterion, the Tribunal was correct to consider only the complementary protection criterion. The appellant failed to identify jurisdictional error or appealable error in the Tribunal's decision.

Jurisdiction
Australia
Judgment Date
20 July 2018
Procedural Posture
Appeal / Judgment on Appeal From the Federal Circuit Court of Australia
Outcome
Appeal dismissed
Legal Topics
['judicial Review' 'protection Visas' 'complementary Protection' 'jurisdictional Error']
['administrative Law' 'migration Law'] ['judicial Review' 'protection Visas' 'complementary Protection' 'jurisdictional Error']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Appeal / Judgment on Appeal From the Federal Circuit Court of Australia

Legal Issues

  1. 1 ['Whether the Administrative Appeals Tribunal committed jurisdictional error in affirming refusal of protection visa under the Migration Act 1958 (Cth)' 'Whether the Tribunal misapplied or misconstrued s 91R and s 36(2A) of the Act' "Whether the Tribunal's findings were legally unreasonable"]

Ratio Decidendi

The Tribunal did not misconstrue or misapply s 91R or s 36(2A) of the Migration Act 1958 as its findings turned upon credibility and factual assessments, which were rational and not legally unreasonable. Because s 48A barred a claim under the Refugee Criterion, the Tribunal was correct to consider only the complementary protection criterion. The appellant failed to identify jurisdictional error or appealable error in the Tribunal's decision.

Court Disposition

Appeal dismissed

Orders

  • ['The appeal is dismissed.']