FEDERAL COURT OF AUSTRALIA
SZTEX v Minister for Immigration and Border Protection [2014] FCA 1269
Citation: SZTEX v Minister for Immigration and Border Protection [2014] FCA 1269 Appeal from: SZTEX v Minister for Immigration & Anor [2014] FCCA 1881 Parties: SZTEX v MINISTER FOR IMMIGRATION AND BORDER PROTECTION and REFUGEE REVIEW TRIBUNAL File number: NSD 859 of 2014 Judge: FLICK J Date of judgment: 25 November 2014 Catchwords: ADMINISTRATIVE LAW – jurisdictional error – evidence – determination of weight of evidence by decision-maker – adverse findings as to credit
PRACTICE AND PROCEDURE – appeals – jurisdiction of Federal Court – no grounds of appeal identifying error of Federal Circuit Court Judge – an appeal is not the occasion to review the reasons of the Refugee Review Tribunal
ADMINISTRATIVE LAW – procedural fairness – difficulty of discerning procedural unfairness from reasons of the Refugee Review Tribunal
Legislation: Migration Act 1958 (Cth) s 36
Federal Court Rules 2011 (Cth) r 40.02Cases cited: Abebe v Commonwealth [1999] HCA 14, (1999) 197 CLR 510, applied
Chand v Minister for Immigration and Ethnic Affairs (unreported, Full Court of the Federal Court of Australia, 7 November 1997), applied
Hamod v New South Wales [2011] NSWCA 375, cited
Htun v Minister for Immigration and Multicultural Affairs [2001] FCA 1802, (2001) 194 ALR 244, cited
Minister for Aboriginal Affairs v Peko-Wallsend Limited (1986) 162 CLR 24, applied
Minister for Immigration and Ethnic Affairs v Guo (1997) 191 CLR 559, cited
NAJT v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCAFC 134, (2005) 147 FCR 51, cited
NBDY v Minister for Immigration & Multicultural Affairs [2006] FCAFC 145, cited
Sathiyanathan v Minister for Immigration & Multicultural Affairs [2000] FCA 210, applied
SCAA v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 668, followed
SGJB v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 1601, followed
SZLZM v Minister for Immigration & Citizenship [2008] FCA 1263, cited
SZMSZ v Minister for Immigration and Citizenship [2009] FCA 877, cited
SZMUF v Minister for Immigration and Citizenship [2009] FCA 182, cited
SZORL v Minister for Immigration and Citizenship [2011] FCA 553, followed
SZRUR v Minister for Immigration and Border Protection [2013] FCAFC 146, (2013) 216 FCR 445 cited
SZTEX v Minister for Immigration & Anor [2014] FCCA 1881, affirmed
Tickner v Chapman (1995) 57 FCR 451, consideredDate of hearing: 13 November 2014 Place: Sydney Division: GENERAL DIVISION Category: Catchwords Number of paragraphs: 34 Counsel for the Appellant: The Appellant appeared in person with the assistance of an interpreter Solicitor for the First Respondent: Mr M Wiese of Clayton Utz Counsel for the Second Respondent: The Second Respondent submitted save as to costs
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
GENERAL DIVISION
NSD 859 of 2014
ON APPEAL FROM THE FEDERAL CIRCUIT COURT OF AUSTRALIA
BETWEEN: SZTEX
AppellantAND: MINISTER FOR…
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- Case
- [2014] FCA 1269
- Decision Date
CaseChat Overview and Summary
The court found that the Federal Circuit Court had correctly evaluated the evidence and the reasons provided by the Tribunal. It was established that the weight to be given to evidence is generally a matter for the decision-maker, not the reviewing court. The Tribunal had adequately explained its findings regarding the appellant's credibility, which included the conclusion that she had fabricated her claims. The court held that there was no basis to interfere with the Tribunal's assessment of the evidence or its conclusions about the appellant's credibility.
Given that neither ground of appeal identified any error by the Federal Circuit Court, the Federal Court dismissed the appeal. The court also ordered the appellant to pay the respondent's costs in the sum of $2,665, in accordance with the Federal Court Rules. The decision underscores the principle that courts are cautious about overturning findings of fact made by administrative tribunals unless there is a clear error in the application of the law or the decision-making process.
Orders
Orders of the court
1. The appeal is dismissed.
2. The Appellant is to pay the costs of the First Respondent fixed in the lump sum of $2,665.
Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Decision
Reasons for decision
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.