SZVRG v Minister for Immigration and Border Protection [2017] FCA 1386

SZVRG v Minister for Immigration and Border Protection [2017] FCA 1386

The applicant's grounds for leave to appeal are not sufficiently arguable and do not demonstrate any appellable error or substantial injustice in the primary judge's decision. The Tribunal was entitled to make adverse credibility findings; no jurisdictional or legal error was identified.

Jurisdiction
Australia
Judgment Date
24 November 2017
Procedural Posture
Application for Leave to Appeal / Leave to Appeal Determination
Outcome
application dismissed
Legal Topics
['leave to Appeal' 'procedural Fairness' 'judicial Review' 'adverse Findings' 'credibility Assessment']
['migration Law' 'administrative Law'] ['leave to Appeal' 'procedural Fairness' 'judicial Review' 'adverse Findings' 'credibility Assessment']

Case Brief

Summary, issues, holding and outcome

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Procedural Posture

Application for Leave to Appeal / Leave to Appeal Determination

Legal Issues

  1. 1 ["Whether the applicant identified any appellable error in the primary judge's decision" 'Whether procedural fairness was denied to the applicant' 'Whether the Tribunal failed its statutory obligations' 'Whether a substantial injustice would result if leave were refused']

Ratio Decidendi

The applicant's grounds for leave to appeal are not sufficiently arguable and do not demonstrate any appellable error or substantial injustice in the primary judge's decision. The Tribunal was entitled to make adverse credibility findings; no jurisdictional or legal error was identified.

Court Disposition

application dismissed

Orders

  • ["The applicant's application for leave to appeal filed on 1 August 2017 be dismissed." "The applicant pay the first respondent's costs."]