SZAOG v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCAFC 316

FEDERAL COURT OF AUSTRALIA

SZAOG v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCAFC 316 MIGRATION ľ appeal from decision of Federal Magistrates Court ľ protection visas ľ whether conscientious objection to military service may stem from or constitute a political opinion or religious view ľ whether compulsory military service may amount to persecution of the appellant ľ whether such claim had been made by appellant before the Refugee Review Tribunal ľ no such claim had been made by appellant before the Refugee Review Tribunal - failure by the Refugee Review Tribunal to make such a finding not a jurisdictional error ľ decision of the Federal Magistrates Court not affected by jurisdictional error ľ appeal dismissed.

Migration Act 1958 (Cth) s 474(2)

1951 United Nations Convention Relating to the Status of Refugees Protocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of Non-International Armed Conflicts

Bouianov v Minister for Immigration and Multicultural Affairs [1998] FCA 1348 cited Saliba v Minister for Immigration and Multicultural Affairs (1998) 159 ALR 247 cited Immigration and Naturalization Service v Cardoza-Fonseca 480 US 421 (1987) cited Applicant A & Anor v Minister for Immigration & Ethnic Affairs & Anor (1997) 190 CLR 225 cited Chan Yee Kin v Minister for Immigration and Ethnic Affairs (1989) 169 CLR 379 cited Minister for Immigration & Multicultural Affairs v Yusuf (2001) 180 ALR 1 cited WADA v Minister for Immigration & Multicultural Affairs [2002] FCAFC 202 cited WACW v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCAFC 155 cited Zolfagharkhani v Canada [1993] 3 FC 540 cited Ciric v Canada [1994] 2 FC 65 cited Barraza Rivera v Immigration & Naturalization Service 913 F2d 1443 (9th Cir 1990) cited Ramos-Vaszuez v Immigration Naturalization Service 57 F3d 857 (9th Cir 1995) cited Martirosyan v Immigration & Naturalization Service 229 F3d 903 (9th Cir 2000) cited Sepet & Anor v Secretary of State for the Home Department [2003] UKHL 15 considered Dranicknikov v Minister for Immigration & Multicultural Affairs [2003] 197 ALR 389 cited Chen Shi Hai v Minister for Immigration & Multicultural Affairs (2000) 201 CLR 293 considered Erduran v Minister for Immigration & Multicultural Affairs [2002] FCA 814 cited SZAOG & ANOR v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS N 403 OF 2004 BEAUMONT, NORTH & EMMETT JJ 26 NOVEMBER 2004 SYDNEY