Minister for Immigration and Citizenship v SZNWC [2010] FCAFC 157

FEDERAL COURT OF AUSTRALIA

Minister for Immigration and Citizenship v SZNWC [2010] FCAFC 157 Citation: Minister for Immigration and Citizenship v SZNWC [2010] FCAFC 157

Appeal from: SZNWC v Minister for Immigration & Anor [2010] FMCA 266

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

File number(s): NSD 629 of 2010

Judges: MOORE, Buchanan & perram jJ

Date of judgment: 20 December 2010

Catchwords: IMMIGRATION – Visas – Protection visa – Judicial Review – Fear of persecution by reason of membership to a particular social group – Whether law persecutes group

Legislation: Bangladesh Merchant Shipping Ordinance 1983 ss 196, 197, 197A Migration Act 1958 (Cth) ss 29, 36 Navigation Act 1912 (Cth) s 100 Statute Law (Miscellaneous Provisions) Act (No 1) 1986 (Cth) s 3, Sch 2

Cases cited: Appellant S395/2002 v Minister for Immigration and Multicultural Affairs (2003) 216 CLR 473 cited Applicant S v Minister for Immigration and Multicultural Affairs (2004) 217 CLR 387 applied Applicant A v Minister for Immigration and Ethnic Affairs (1997) 190 CLR 225 applied Dranichnikov v Minister for Immigration and Multicultural Affairs (2003) 77 ALJR 1088 applied Lange v Australian Broadcasting Corporation (1997) 189 CLR 520 cited Minister for Immigration and Citizenship v SZNVW (2010) 183 FCR 575 cited Morato v Minister for Immigration, Local Government and Ethnic Affairs (1992) 39 FCR 401 cited Roach v Electoral Commissioner (2007) 233 CLR 162 cited SZNWC v Minister for Immigration and Anor [2010] FMCA 266 affirmed SZOFE v Minister for Immigration and Citizenship [2010] FCAFC 79 cited