SZURL v Minister for Immigration and Border Protection [2015] FCA 864
The appeal was dismissed because the Tribunal had considered all of the appellant’s claims, including those based on country information and political opinion, and had made findings open to it regarding credibility and risk of harm; no jurisdictional error was established.
- Parties
- Appellant: SZURL; First Respondent: Minister for Immigration and Border Protection; Second Respondent: Refugee Review Tribunal
- Jurisdiction
- Australia
- Judgment Date
- 18 August 2015
- Procedural Posture
- Appeal / Judgment
- Outcome
- appeal dismissed
- Legal Topics
- Protection Visa, Judicial Review, Country Information, Political Opinion Persecution, Complementary Protection, Tribunal's Fact Finding, Jurisdictional Error
Case Brief
Summary, issues, holding and outcome
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Parties
SZURL
Appellant
Minister for Immigration and Border Protection
First Respondent
Refugee Review Tribunal
Second Respondent
Procedural Posture
Appeal / Judgment
Legal Issues
- 1 Whether the Refugee Review Tribunal failed to consider the appellant's claim in light of recent country information
- 2 Whether any such failure would give rise to jurisdictional error
- 3 Whether the Tribunal considered all of the appellant's claims
Ratio Decidendi
The appeal was dismissed because the Tribunal had considered all of the appellant’s claims, including those based on country information and political opinion, and had made findings open to it regarding credibility and risk of harm; no jurisdictional error was established.
Court Disposition
appeal dismissed
Orders
- The appeal be dismissed.
- The appellant pay the first respondent's costs.
Full Case Text
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