SZSNM v Minister for Immigration and Border Protection [2013] FCA 1209

SZSNM v Minister for Immigration and Border Protection [2013] FCA 1209

The Tribunal's adverse credibility findings and overall rejection of the appellant's claims as to genuine practice of Falun Gong were open on the evidence. The ground relating to persecution of common practitioners raised new factual contentions not raised below and, regardless, lacked merit. The Tribunal considered the complementary protection criterion and relevant risk factors adequately. Allegations of bias or failure to consider evidence were not substantiated. The appeal does not disclose any jurisdictional error in the Tribunal or lower court's reasoning.

Jurisdiction
Australia
Judgment Date
13 November 2013
Procedural Posture
Appeal / Federal Court Appeal From Federal Circuit Court Judgment
Outcome
Appeal dismissed
Legal Topics
['judicial Review' 'protection Visa' 'refugee and Complementary Protection' 'bias in Administrative Decision Making']
['migration Law' 'administrative Law'] ['judicial Review' 'protection Visa' 'refugee and Complementary Protection' 'bias in Administrative Decision Making']

Case Brief

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Procedural Posture

Appeal / Federal Court Appeal From Federal Circuit Court Judgment

Legal Issues

  1. 1 ["Whether the Tribunal erred in its treatment of 'common' Falun Gong practitioners under the Migration Act 1958 (Cth) s 36(2)(aa)" "Whether the Tribunal failed to consider all the appellant's claims and evidence due to bias in contravention of s 91R" 'Whether leave should be granted to raise new grounds of appeal not argued below']

Ratio Decidendi

The Tribunal's adverse credibility findings and overall rejection of the appellant's claims as to genuine practice of Falun Gong were open on the evidence. The ground relating to persecution of common practitioners raised new factual contentions not raised below and, regardless, lacked merit. The Tribunal considered the complementary protection criterion and relevant risk factors adequately. Allegations of bias or failure to consider evidence were not substantiated. The appeal does not disclose any jurisdictional error in the Tribunal or lower court's reasoning.

Court Disposition

Appeal dismissed

Orders

  • ['The appeal be dismissed.' "The appellant pay the first respondent's costs as agreed or assessed." "The title of the first respondent be amended to 'Minister for Immigration and Border Protection'."]