SZOOR v Minister for Immigration and Citizenship [2012] FCAFC 58

FEDERAL COURT OF AUSTRALIA

SZOOR v Minister for Immigration and Citizenship [2012] FCAFC 58 Citation: SZOOR v Minister for Immigration and Citizenship [2012] FCAFC 58

Appeal from: SZOOR v Minister for Immigration & Anor [2011] FMCA 253

Parties: SZOOR v MINISTER FOR IMMIGRATION AND CITIZENSHIP and REFUGEE REVIEW TRIBUNAL

File number: NSD 603 of 2011

Judges: RARES, MCKERRACHER AND REEVES JJ

Date of judgment: 27 April 2012

Corrigendum: 29 May 2012

Catchwords: MIGRATION – judicial review decision of the Refugee Review Tribunal under Migration Act 1958 (Cth) – Tribunal's obligation to give reasons for decision under s 430(1) – circumstances in which illogicality or irrationality will amount to jurisdictional error – significance of reasons in determining if decision affected by illogicality or irrationality – where reasons relied in part on an anonymous 'dob-in' letter containing unverified assertions about the truthfulness of the appellant's claims. Held – no illogicality or irrationality sufficient to give rise to jurisdictional error if decision one at which logical or rational person could arrive on same material, if there was some evidence before Tribunal on which decision could be based – lack of logic or rationality in the decision making process, as disclosed by reasons for decision does not of itself give rise to reviewable error – Tribunal reached conclusion that appellant's claims were untruthful independently of anonymous letter – Tribunal's reliance on letter was separate ground – not a jurisdictional error: appeal dismissed.

Legislation: Acts Interpretation Act 1901 (Cth) s 25D Constitution s 75(v) Migration Act 1958 (Cth) ss 36, 65, 412, 414, 415, 430