SZTBR v Minister for Immigration and Border Protection

[2014] FCA 582

FEDERAL COURT OF AUSTRALIA

SZTBR v Minister for Immigration and Border Protection [2014] FCA 582

Citation:

SZTBR v Minister for Immigration and Border Protection [2014] FCA 582

Appeal from:

SZTBR v Minister for Immigration and Border Protection [2013] FCCA 2093

Parties:

SZTBR v MINISTER FOR IMMIGRATION AND BORDER PROTECTION and REFUGEE REVIEW TRIBUNAL

File number:

NSD 2607 of 2013

Judge:

PAGONE J

Date of judgment:

30 May 2014

Catchwords:

MIGRATION – appeal from decision of Federal Circuit Court dismissing application for judicial review – application of s 424A of the Migration Act 1958 (Cth) – whether Refugee Review Tribunal erred in not informing applicant of information relied upon to make decision.

Legislation:

Migration Act 1958 (Cth), ss 36(2)(aa), 424A, 425, 434(3)(ba)

Cases cited:

NAOA v Minister for Immigration and Multicultural & Indigenous Affairs [2004] FCAFC 241

SZATV v Minister for Immigration and Citizenship (2007) 233 CLR 18

Date of hearing:

30 May 2014

Date of last submissions:

30 May 2014

Place:

Sydney

Division:

GENERAL DIVISION

Category:

Catchwords

Number of paragraphs:

12

Counsel for the Appellant:

The appellant appeared in person

Counsel for the Respondents:

Mr B D Kaplan

Solicitor for the Respondents:

Australian Government Solicitor

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
GENERAL DIVISION	NSD 2607 of 2013

ON APPEAL FROM THE FEDERAL CIRCUIT COURT OF AUSTRALIA

BETWEEN:

SZTBR
Appellant

AND:

MINISTER FOR IMMIGRATION AND BORDER PROTECTION
First Respondent

REFUGEE REVIEW TRIBUNAL
Second Respondent

JUDGE:	PAGONE J
DATE OF ORDER:	30 MAY 2014
WHERE MADE:	SYDNEY

THE COURT ORDERS THAT:

1.The appeal be dismissed.

2.The appellant pay the respondent’s costs.

Note:Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
GENERAL DIVISION	NSD 2607 of 2013

ON APPEAL FROM THE FEDERAL CIRCUIT COURT OF AUSTRALIA

BETWEEN:

SZTBR
Appellant

AND:

MINISTER FOR IMMIGRATION AND BORDER PROTECTION
First Respondent

REFUGEE REVIEW TRIBUNAL
Second Respondent

JUDGE:	PAGONE J
DATE:	30 MAY 2014
PLACE:	SYDNEY

REASONS FOR JUDGMENT

(REVISED FROM TRANSCRIPT)

1. The appellant seeks to appeal from orders made by the Federal Circuit Court on 6 December 2013 dismissing an application for judicial review of the decision of the Refugee Review Tribunal affirming a decision of a delegate of the Minister refusing to grant the appellant a protection Class XA Visa.  The Minister filed extensive written submissions before the hearing, and made further oral submissions.  The appellant appeared in person and attempted to make submissions as best as he has been able to.  The appellant is not legally qualified and cannot be expected to understand the fine points of legal procedure, including that it is necessary for an appeal that there be identified a reviewable error in the decision which is the subject of appeal.  The power of the court, however, is limited and is not a power to review the decision afresh or to substitute the court’s view of how the decision ought to have been made if the decision itself is…