FEDERAL CIRCUIT COURT OF AUSTRALIA
| SZROL v MINISTER FOR IMMIGRATION & ANOR | [2020] FCCA 2466 |
| Catchwords: MIGRATION – Migration Act 1958 (Cth) – Protection visa application – application for judicial review of a decision of the Administrative Appeals Tribunal affirming a decision of the Delegate of the Minister for Immigration not to grant to the Applicant a Protection (Class XA) (Subclass 866) visa – Applicant claimed that in finding inconsistencies in his evidence the Tribunal did not take into account the period of time over which the Applicant gave his evidence and wrongly relied on the Decision Records of the Delegate and previously constituted Tribunals instead of a reading a transcript or listening to a recording of the Applicant’s evidence given at the hearings before them – Tribunal entitled to take into account inconsistencies, to use the Decision Records in the way that it did, to take into account the delay in the Applicant’s lodging of a Protection visa and was not irrational or unreasonable in considering the Applicant as part of the particular social group that it did – jurisdictional error not made out – application for judicial review dismissed. |
| Legislation: Migration Act 1958 (Cth), ss.65, 424A Administrative Appeals Tribunal Act 1975 (Cth), s.19D Evidence Act 1995 (Cth), s.43 |
| Applicant: | SZROL |
| First Respondent: | MINISTER FOR IMMIGRATION & BORDER PROTECTION |
| Second Respondent: | ADMINISTRATIVE APPEALS TRIBUNAL |
| File Number: | SYG 4040 of 2017 |
| Judgment of: | Judge Dowdy |
| Hearing date: | 18 September 2019 |
| Date of Last Submission: | 15 October 2019 |
| Date Reserved: | 16 October 2019 |
| Delivered at: | Sydney |
| Delivered on: | 9 September 2020 |
REPRESENTATION
| Counsel for the Applicant: | Mr J. R. Young of Counsel |
| Solicitors for the Applicant: | Shamser Thapa & Associates |
| Counsel for the First Respondent: | Mr P. Knowles of Counsel |
| Solicitors for the First Respondent: | Clayton Utz |
THE ORDERS OF THE COURT ARE AS FOLLOWS:
The Application filed in this Court on 28 December 2017 is dismissed.
| FEDERAL CIRCUIT COURT OF AUSTRALIA AT SYDNEY |
SYG 4040 of 2017
| SZROL |
Applicant
And
| MINISTER FOR IMMIGRATION & BORDER PROTECTION |
First Respondent
| ADMINISTRATIVE APPEALS… |
Keep reading for free
Create a free CaseChat account to read SZROL v Minister for Immigration and more:
- Read every judgment in full
- Ask AI and get answers linked to paragraphs
- See how each paragraph was cited in later cases
- Download judgments as PDF or Word
One click creates your free account or signs you in.
By continuing you agree to the Terms and Privacy Policy.
- Case
- [2020] FCCA 2466
- Decision Date
CaseChat Overview and Summary
The central legal issues before the court were whether the AAT committed jurisdictional error by failing to adequately consider the time elapsed during the applicant's evidence, by improperly relying on the Delegate's and previous Tribunals' decision records instead of a transcript or recording of the applicant's testimony, and by irrationally or unreasonably categorising the applicant as part of a particular social group. The court was also required to determine if the AAT was entitled to consider the delay in the applicant lodging his protection visa application.
Dowdy J found that the AAT was entitled to take into account inconsistencies in the applicant's evidence, and that its use of the Decision Records was permissible. The court also held that the AAT was entitled to consider the delay in the applicant's visa application and was not irrational or unreasonable in its assessment of the applicant as part of the particular social group in question. Consequently, the court concluded that no jurisdictional error had been made out.
The application for judicial review was dismissed.
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.