MZYPW v Minister for Immigration and Citizenship [2012] FCAFC 99

FEDERAL COURT OF AUSTRALIA

MZYPW v Minister for Immigration and Citizenship [2012] FCAFC 99 Citation: MZYPW v Minister for Immigration and Citizenship [2012] FCAFC 99

Appeal from: MZYPW v Minister for Immigration [2012] FMCA 112

Parties: MZYPW v MINISTER FOR IMMIGRATION AND CITIZENSHIP and GINA TOWNEY IN HER CAPACITY AS INDEPENDENT MERITS REVIEWER

File number: NSD 419 of 2012

Judges: FLICK, JAGOT AND YATES JJ

Date of judgment: 11 July 2012

Catchwords: MIGRATION – independent merits review – whether reviewer failed to take into account relevant considerations – importance of reasons – jurisdictional error committed

Legislation: Migration Act 1958 (Cth) ss 36, 46A, 195A 1951 Convention relating to the Status of Refugees as amended by the 1967 Protocol relating to the Status of Refugees

Cases cited: Chan Yee Kin v Minister for Immigration and Ethnic Affairs (1989) 169 CLR 379, cited Dranichnikov v Minister for Immigration and Multicultural Affairs (2003) 197 ALR 389, applied Januzi v Secretary of State for Home Department [2006] 2 AC 426, followed Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259, considered Minister for Immigration and Multicultural and Indigenous Affairs, Re; Ex parte Palme [2003] HCA 56, 216 CLR 212, cited MZYPW v Minister for Immigration [2012] FMCA 112, reversed Plaintiff M61/2010E v Commonwealth [2010] HCA 41, 243 CLR 319, cited Seiffert v Prisoners Review Board [2011] WASCA 148, cited SZATV v Minister for Immigration and Citizenship [2007] HCA 40, 233 CLR 18, applied SZBYR v Minister for Immigration and Citizenship [2007] HCA 26, 235 ALR 609, cited SZQDZ v Minister for Immigration and Citizenship, [2012] FCAFC 26, cited