Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZRSS v Minister for Immigration and Citizenship [2014] FCA 137 Citation: SZRSS v Minister for Immigration and Citizenship [2014] FCA 137
Appeal from: SZRSS v Minister for Immigration & Anor [2013] FMCA 204
Parties: SZRSS v MINISTER FOR IMMIGRATION AND CITIZENSHIP and REFUGEE REVIEW TRIBUNAL
File number(s): NSD 554 of 2013
Judge(s): FARRELL J
Date of judgment: 27 February 2014
Catchwords: MIGRATION – appeal from Federal Circuit Court – judicial review of decision of Refugee Review Tribunal – allegation of bias – allegation of bias not particularised – no bias substantiated MIGRATION – factual error made by Tribunal – whether factual error amounted to jurisdictional error – leave to amend grounds of appeal – whether factual error led decision to be "irrational, illogical and not based on findings or inferences of fact supported by logical grounds" – where other bases existed to support impugned decision – no jurisdictional error demonstrated
Legislation: Federal Circuit Court of Australia Amendment Act 2012 (Cth) Federal Court Rules 2011 (Cth) Migration Act 1958 (Cth) Migration Regulations 1994 (Cth)
Cases cited: Associated Provincial Picture Houses Ltd v Wednesbury Corporation [1948] 1 KB 223 Attorney-General (NSW) v Quin (1990) 170 CLR 1 Craig v South Australia (1995) 184 CLR 163 Ibrahim v Minister for Immigration and Citizenship [2009] FCA 1328 Khan v Minister for Immigration and Citizenship (2011) 192 FCR 173 Minister for Immigration and Citizenship v Li (2013) 297 ALR 225 Minister for Immigration and Citizenship v SZMDS (2010) 240 CLR 611 Minister for Immigration and Citizenship v SZMOK (2009) 257 ALR 427 Minister for Immigration and Multicultural and Indigenous Affairs v SGLB (2004) 207 ALR 12 Plaintiff M61/2010E v Commonwealth of Australia; Plaintiff M69/2010 v Commonwealth of Australia (2010) 243 CLR 319 Plaintiff S157/2002 v Commonwealth of Australia (2003) 211 CLR 476 Re Refugee Tribunal; Ex parte Aala (2000) 204 CLR 82 SBBS v Minister for Immigration and Multicultural and Indigenous Affairs (2002) 194 ALR 749; [2002] FCAFC 361 SZOOR v Minister for Immigration and Citizenship (2012) 202 FCR 1 SZRSS v Minister for Immigration and Anor [2013] FMCA 204
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