SZRGW v Minister for Immigration and Citizenship [2013] FCA 100

SZRGW v Minister for Immigration and Citizenship [2013] FCA 100

The Tribunal's findings that harm suffered by the appellant was criminal conduct for monetary reasons and not for a Convention reason were open to it on the evidence and did not disclose jurisdictional error; the appellant's grounds of appeal were not supported by particulars or submissions, and no error is apparent in the Federal Magistrate's reasoning.

Parties
Appellant: SZRGW; First Respondent: Minister for Immigration and Citizenship; Second Respondent: Refugee Review Tribunal
Jurisdiction
Australia
Judgment Date
13 February 2013
Procedural Posture
Appeal / Judgment on Appeal From the Federal Magistrates Court
Outcome
Appeal dismissed
Legal Topics
Protection Visa, Refugee Status, Jurisdiction of Tribunal, Error of Law
Migration Law Protection Visa Refugee Status Jurisdiction of Tribunal Error of Law

Case Brief

Summary, issues, holding and outcome

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Parties

SZRGW

Appellant

Minister for Immigration and Citizenship

First Respondent

Refugee Review Tribunal

Second Respondent

Procedural Posture

Appeal / Judgment on Appeal From the Federal Magistrates Court

Legal Issues

  1. 1 Whether the Tribunal erred in finding the harm to the appellant was not for a Refugee Convention reason
  2. 2 Whether the Tribunal failed to comply with obligations under s 91R of the Migration Act 1958 (Cth)
  3. 3 Whether the Federal Magistrate erred in upholding the Tribunal's decision

Ratio Decidendi

The Tribunal's findings that harm suffered by the appellant was criminal conduct for monetary reasons and not for a Convention reason were open to it on the evidence and did not disclose jurisdictional error; the appellant's grounds of appeal were not supported by particulars or submissions, and no error is apparent in the Federal Magistrate's reasoning.

Court Disposition

Appeal dismissed

Orders

  • The appeal be dismissed.
  • The appellant pay the respondent's costs.