SZQOS v Minister for Immigration and Citizenship [2012] FCA 982

SZQOS v Minister for Immigration and Citizenship [2012] FCA 982

The Tribunal was entitled to obtain information from the letter writers through DFAT as information under s 424 of the Migration Act 1958 (Cth), rather than as evidence on oath under ss 427 and 428. Having put the adverse DFAT information to the appellant and received his response, the Tribunal was not obliged to make further inquiries into the supplementary letters or provide a further opportunity to comment. The Federal Magistrate had considered the appellant's arguments, and no jurisdictional error was shown.

Jurisdiction
Australia
Judgment Date
07 September 2012
Procedural Posture
Migration Appeal Concerning Review of a Refugee Review Tribunal Decision Affirming Refusal of a Protection Visa / Appeal From the Federal Magistrates Court of Australia to the Federal Court of Australia
Outcome
Appeal dismissed.
Legal Topics
['protection Visa Refusal' 'refugee Review Tribunal Procedures' 'requests for Information' 'evidence on Oath or Affirmation' 'opportunity to Comment on Adverse Information' 'jurisdictional Error']
['migration Law' 'administrative Law' 'refugee and Protection Visas'] ['protection Visa Refusal' 'refugee Review Tribunal Procedures' 'requests for Information' 'evidence on Oath or Affirmation' 'opportunity to Comment on Adverse Information' 'jurisdictional Error']

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Procedural Posture

Migration Appeal Concerning Review of a Refugee Review Tribunal Decision Affirming Refusal of a Protection Visa / Appeal From the Federal Magistrates Court of Australia to the Federal Court of Australia

Legal Issues

  1. 1 ['Whether the Tribunal was required to obtain information from the writers of letters under oath or affirmation under ss 427 and 428 of the Migration Act 1958 (Cth).' 'Whether, after receiving supplementary letters from the appellant, the Tribunal was required to make further inquiries and give the appellant another opportunity to comment.' 'Whether the Federal Magistrate failed to consider that the Tribunal did not follow Part 7 of the Migration Act 1958 (Cth) when authorising collection of information for the review.']

Ratio Decidendi

The Tribunal was entitled to obtain information from the letter writers through DFAT as information under s 424 of the Migration Act 1958 (Cth), rather than as evidence on oath under ss 427 and 428. Having put the adverse DFAT information to the appellant and received his response, the Tribunal was not obliged to make further inquiries into the supplementary letters or provide a further opportunity to comment. The Federal Magistrate had considered the appellant's arguments, and no jurisdictional error was shown.

Court Disposition

Appeal dismissed.

Orders

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