SZRHS v Minister for Immigration and Citizenship [2014] FCA 121

FEDERAL COURT OF AUSTRALIA

SZRHS v Minister for Immigration and Citizenship [2014] FCA 121 Citation: SZRHS v Minister for Immigration and Citizenship [2014] FCA 121

Appeal from: SZRHS v Minister for Immigration and Citizenship & Anor [2012] FMCA 806

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

File number(s): NSD 1610 of 2012

Judge: FARRELL J

Date of judgment: 21 February 2014

Catchwords: ADMINISTRATIVE LAW – judicial review – jurisdictional error – determinations as to credibility of witnesses – whether Refugee Review Tribunal decision "irrational, illogical and not based on findings or inferences of fact supported by logical grounds" – satisfaction of criterion upon which exercise of authority is conditioned MIGRATION – appeal from Federal Magistrates Court – judicial review of decision of Refugee Review Tribunal – refusal of protection visa – jurisdictional error – appellant claiming persecution in Indonesia – appellant member of "particular social group" – whether appellant has well-founded fear of persecution – whether Tribunal required appellant to demonstrate past harm as precondition to well-founded fear of persecution – whether Tribunal decision "irrational, illogical and not based on findings or inferences of fact supported by logical grounds" – whether appellant accorded procedural fairness – no jurisdictional error found – appeal dismissed PRACTICE AND PROCEDURE – whether comments of Federal Magistrate directed at appellant's solicitors constituted an irrelevant consideration – conduct of solicitors – reliance on grounds clearly lacking merit