MZZJO v Minister for Immigration and Border Protection [2014] FCAFC 80

FEDERAL COURT OF AUSTRALIA

MZZJO v Minister for Immigration and Border Protection [2014] FCAFC 80 Citation: MZZJO v Minister for Immigration and Border Protection [2014] FCAFC 80

Appeal from: MZZJO v Minister for Immigration and Border Protection [2014] FCCA 186

Parties: MZZJO v MINISTER FOR IMMIGRATION AND BORDER PROTECTION and REFUGEE REVIEW TRIBUNAL

File number: VID 159 of 2014

Judge(s): NORTH, BROMBERG AND MORTIMER JJ

Date of judgment: 4 July 2014

Catchwords: MIGRATION – Appeal from decision of Federal Circuit Court affirming decision of Refugee Review Tribunal to refuse a Protection visa – appellant claimed to be both agnostic and an apostate – whether Tribunal's reasons failed sufficiently to "disclose a rational basis" for its conclusion that he was not agnostic – whether the Tribunal was required to and did consider separately and independently whether the appellant was agnostic and/or apostate – whether Tribunal properly considered whether appellant's fear of persecution was well founded – no error disclosed in the reasons of the Tribunal or Federal Circuit Court – appeal dismissed with costs.

Legislation: Migration Act 1958 (Cth) ss 36, 91R, 424A, 476

Cases cited: Minister for Immigration and Citizenship v SZLSP (2010) 187 FCR 362; [2010] FCAFC 108 Minister for Immigration and Citizenship v SZOCT (2010) 189 FCR 577; [2010] FCAFC 159 S395/2002 v Minister for Immigration and Multicultural Affairs (2003) 216 CLR 473; [2003] HCA 71 SBCC v Minister for Immigration and Multicultural Affairs [2006] FCAFC 129 SBZF v Minister for Immigration and Citizenship (2008) 104 ALD 415; [2008] FCA 1486 SZLSP v Minister for Immigration and Citizenship (2012) 127 ALD 495; [2012] FCA 451 WALT v Minister for Immigration and Multicultural and Indigenous Affairs [2007] FCAFC 2