SZBZJ v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 771

FEDERAL COURT OF AUSTRALIA

SZBZJ v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 771 MIGRATION – appeal from Federal Magistrate – application for judicial review of decision of Refugee Review Tribunal – appellant feared persecution by individuals for reasons involving revenge for the appellant exposing their criminal activities – claim that State protection not available to the appellant because he was not pro-Syrian – meaning of political opinion – whether Tribunal had made a jurisdictional error by failing to ask whether persecutors had imputed a political opinion to the appellant by reason of his opposition to their illegal activities where the claim was not raised by the appellant – whether Tribunal constructively failed to exercise jurisdiction by not considering whether persecution of appellant for a private reason satisfies the definition of "refugee" in the 1951 Convention Relating to the Status of Refugees where State protection is not available because the appellant does not hold pro-Syrian views – appeal allowed.

Applicant WAEE v Minister for Immigration and Multicultural and Indigenous Affairs (2003) 75 ALD 630 – cited Minister for Immigration and Multicultural Affairs v Sarrazola (2001) 107 FCR 184 – referred to Minister for Immigration and Multicultural Affairs v Khawar (2002) 210 CLR 1 – applied NABE v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 263 – considered Plaintiff S157/2002 v The Commonwealth of Australia (2003) 211 CLR 476 - applied Re Minister for Immigration and Multicultural and Indigenous Affairs; Ex parte Applicants S134/2002 [2003] HCA 1 – considered V v Minister for Immigration and Multicultural Affairs (1999) 92 FCR 355 – referred to VNAY v Minister for Immigration and Multicultural and Indigenous Affairs (2005) FCAFC 96 – referred to SZBZJ v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS & ANOR N 1745 OF 2004 HILL J 10 JUNE 2005 SYDNEY