Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Minister for Immigration and Citizenship v SZQHI [2012] FCAFC 160 Citation: Minister for Immigration and Citizenship v SZQHI [2012] FCAFC 160
Appeal from: SZQHI v Minister for Immigration & Anor [2012] FMCA 72
Parties: MINISTER FOR IMMIGRATION AND CITIZENSHIP v SZQHI and STEVE KARAS IN HIS CAPACITY AS INDEPENDENT MERITS REVIEWER
File number: NSD 331 of 2012
Judges: MARSHALL, NICHOLAS & YATES JJ
Date of judgment: 14 November 2012
Catchwords: MIGRATION – Independent Merits Review of claims for refugee status – use of template paragraphs in reasons for decision by Independent Merits Reviewer (IMR) – where template paragraphs used by IMR in a series of decisions involving claims for refugee status by Hazara/Shia claimants from Afghanistan – similarities in structure and content of reasons for rejecting generic and particular claims by such claimants – similarities between generic and particular claims of such claimants – whether Federal Magistrate erred in finding use of template paragraphs by IMR gave rise to reasonable apprehension of bias – no reasonable apprehension of bias established – appeal allowed
Legislation: Federal Court of Australia Act 1976 (Cth) s 27 Migration Act 1958 (Cth) s 36(2), s 91R UN General Assembly, Convention Relating to the Status of Refugees, 28 July 1951, United Nations, Treaty Series, vol. 189, p. 137, Art. 1A(2) UN General Assembly, Protocol Relating to the Status of Refugees, 31 January 1967, United Nations, Treaty Series, vol. 606, p. 267
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