Minister for Immigration and Citizenship v SZONJ [2011] FCAFC 85

FEDERAL COURT OF AUSTRALIA

Minister for Immigration and Citizenship v SZONJ [2011] FCAFC 85 Citation: Minister for Immigration and Citizenship v SZONJ [2011] FCAFC 85

Appeal from: SZONJ v Minister for Immigration and Citizenship [2011] FMCA 1

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

File number: NSD 159 of 2011

Judges: EMMETT, RARES & PERRAM JJ

Date of judgment: 12 July 2011

Catchwords: MIGRATION – where application made for protection visa – where visa applicant had been the victim of sustained domestic violence in her home state – whether visa applicant's claim came within the purview of refugee law according to the definition of 'refugee' in art 1A of the Convention Relating to the Status of Refugees 1951 – whether state failure to protect the visa applicant from persecution arose for a Convention reason – whether mere inability of the state to protect the visa applicant satisfied the principle in Minister for Immigration and Multicultural Affairs v Khawar (2002) 210 CLR 1 that the motivation of the state may satisfy Convention requirements where the persecution complained of is by private citizens – held that inability may be relevant to the existence of well-founded fear but that toleration or condonation is required to make out a nexus with a Convention reason ADMINISTRATIVE LAW – judicial review – jurisdictional error – whether Refugee Review Tribunal erred in construing the test to be applied in determining whether visa applicant was a person to whom Australia owed protection obligations – held that reasons of Tribunal were unexceptionable