SZMFA v Minister for Immigration and Citizenship

The appellant, SZMFA, sought judicial review of a decision by the Tribunal to refuse his application for a protection visa. The appellant raised two grounds for review before the Federal Magistrates Court, namely that the Tribunal failed to consider the chance of future harm and erred in its application of section 91R of the Migration Act 1958. The Federal Magistrates Court rejected both grounds of review. The appellant then appealed to the Federal Court, raising two new grounds for review. The first related to the Tribunal’s comments on the appellant’s replies, and the second was that the Tribunal did not take into account the fear of future harm.

The Federal Court found that the appellant’s submissions were somewhat confusing but amounted to a challenge to the fact-finding by the Tribunal, which went to the merits of the Tribunal’s decision. No jurisdictional error was apparent. As to the Tribunal’s letters to the appellant, the letters invited comment on information obtained from the High Commission concerning the appellant’s political activities. The letters complied with the Act. The Tribunal’s request for information from the High Commission was also proper. Sections 424(2) and 424(3) of the Act did not apply to an invitation from the Tribunal to an Australian Embassy or High Commission overseas to give additional information.

Accordingly, the Court granted the appellant leave to rely upon grounds raised in his submissions that were not raised before the Federal Magistrate. The appeal was dismissed, and the appellant was ordered to pay the first respondent’s costs in the amount of $3,950.