SZNJL v Minister for Immigration - [2009] FMCA 471

FEDERAL MAGISTRATES COURT OF AUSTRALIA

SZNJL v MINISTER FOR IMMIGRATION & ANOR

[2009] FMCA 471

MIGRATION – Review of decision of Refugee Review Tribunal – s.424A must first be engaged before a failure to comply with s.424AA will amount to jurisdictional error – s.424A not engaged in relation to information that fell within exceptions – Tribunal elected to comply with s.424AA in relation to other information – Tribunal complied with s.424AA – inconsistencies and implausibilities not “information” for the purposes of s.424A – no failure to ensure that applicant understood why information was relevant as far as was “reasonably practicable” – no failure to comply with s.425 – no jurisdictional error – application dismissed.

Migration Act 1958 (Cth), ss.424AA, 424A, 425

Applicant:

SZNJL

First Respondent:

MINISTER FOR IMMIGRATION

& CITIZENSHIP

Second Respondent:

REFUGEE REVIEW TRIBUNAL

File Number:

SYG 705 of 2009

Judgment of:

Nicholls FM

Hearing date:

18 May 2009

Date of Last Submission:

18 May 2009

Delivered at:

Sydney

Delivered on:

18 May 2009

REPRESENTATION

Appearing for the Applicant:

In person

Solicitors for the Applicant:

Nil

Appearing for the Respondents:

Ms K Whittemore

Solicitors for the Respondents:

Sparke Helmore

ORDERS

The application made on 25 March 2009 is dismissed.
The applicant pay the first respondent’s costs set in the amount of $3,800.

FEDERAL MAGISTRATES
COURT OF AUSTRALIA AT
SYDNEY

SYG 705 of 2009

SZNJL

Applicant

And

MINISTER FOR IMMIGRATION & CITIZENSHIP

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

REASONS FOR JUDGMENT

(Ex Tempore; Revised from Transcript)

I have before me an application made on 25 March 2009 under the Migration Act 1958 (Cth) (“the Act”), seeking review of the decision of the Refugee Review Tribunal (“the Tribunal”)…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

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Details

Case: [2009] FMCA 471
Decision Date: 18 May 2009

CaseChat Overview and Summary

In the Federal Circuit Court of Australia, SZNJL, an individual, sought judicial review of the decision of the Minister for Immigration, represented by the Minister for Immigration and Citizenship, to refuse to grant him a protection visa. The applicant contested the decision to refuse his application for a protection visa, claiming that the decision-maker had erred in assessing his eligibility for the visa. The court was required to determine whether the decision-maker had made an error of law in assessing the applicant's eligibility for the protection visa, and whether the decision was otherwise legally valid.

The court found that the decision-maker had not erred in assessing the applicant's eligibility for the protection visa, and that the decision was legally valid. The court held that the decision-maker had properly assessed the evidence before them and had made a lawful decision. The court also held that the decision was not affected by any error of law or procedural unfairness. The court found that the applicant had failed to establish that the decision-maker had made an error of law or that the decision was otherwise unlawful. The court dismissed the application for judicial review and ordered the applicant to pay the costs of the first respondent, the Minister for Immigration and Citizenship.

Orders

Orders of the court

The application made on 25 March 2009 is dismissed.

The applicant pay the first respondent’s costs set in the amount of $3,800.

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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