Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Minister for Immigration & Citizenship v SZQOT [2012] FCAFC 141 Citation: Minister for Immigration & Citizenship v SZQOT [2012] FCAFC 141
Appeal from: SZQOT v Minister for Immigration & Anor [2012] FMCA 84
Parties: MINISTER FOR IMMIGRATION & CITIZENSHIP v SZQOT and JOHN GODFREY IN HIS CAPACITY AS INDEPENDENT MERITS REVIEWER
File number: NSD 339 of 2012
Judges: MARSHALL, NICHOLAS AND YATES JJ
Date of judgment: 12 October 2012
Catchwords: MIGRATION – whether Independent Merits Reviewer applied incorrect test when assessing first respondent's refugee status – whether reference to "severe harm" as opposed to "serious harm" reflected jurisdictional error – whether harm suffered by husband as a result of being separated from his wife was capable of supporting the husband's claim for refugee status
Legislation: Migration Act 1958 (Cth) s 91R(1) and (2) UN General Assembly, Convention Relating to the Status of Refugees, 28 July 1951, United Nations, Treaty Series, vol. 189, p 137
Cases cited: Applicant S v Minister for Immigration and Multicultural Affairs (2004) 217 CLR 387 Chan v Minister for Immigration and Ethnic Affairs (1989) 169 CLR 379 Collector of Customs and Pozzolanic Enterprises Pty Ltd [(1993) 43 FCR 280 Craig v State of South Australia (1995) 184 CLR 163 Gersten v Minister for Immigration & Multicultural Affairs [2000] FCA 855 Kanagasabai v Minister for Immigration & Multicultural Affairs [1999] FCA 205 Minister for Immigration & Multicultural Affairs v Khawar (2000) 101 FCR 501 Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 Ram v Minister for Immigration and Ethnic Affairs (1995) 57 FCR 565 VUAX v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 158
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