SZAFJ v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCA 291

FEDERAL COURT OF AUSTRALIA

SZAFJ v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCA 291 MIGRATION - appeal from judgment of Federal Magistrate - visa - protection visa – claimed fear of persecution on basis of race and political opinion - RRT affirmed decision not to grant protection visa - claim RRT took irrelevant consideration into account - RRT misdirected itself in focusing on the Angolan government's current food policy - failed to consider essential component of claim - consideration one of the "integers" of the RRT's decision - constructive failure to exercise jurisdiction - error of law - claim of "no evidence" for RRT finding - finding of ineffectiveness of UNITA Renovada - not necessary for RRT to set out all details of country information relied on - procedural fairness - alleged failure to put information to the appellant - no duty on RRT to disclose reasoning process - matter for RRT to assess evidence before it - appeal allowed Dranichnikov v Minister for Immigration and Multicultural Affairs (2003) 197 ALR 389 cited Paul v Minister for Immigration and Multicultural Affairs (2001) 113 FCR 396 referred to SZAFJ v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS N 1311 OF 2003 TAMBERLIN J SYDNEY 19 MARCH 2004

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 1311 OF 2003

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT

BETWEEN: SZAFJ

APPELLANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: TAMBERLIN J

DATE OF ORDER: 19 MARCH 2004

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The appeal is allowed. 2. The judgment of the Federal Magistrate is set aside. 3. The decision of the Refugee Review Tribunal is set aside. 4. The matter is remitted to the Refugee Review Tribunal for decision in accordance with law. 5. The respondent is to pay the appellant's costs of the appeal and of the hearing before the Magistrate. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.