SZDTM v Minister for Immigration & Multicultural & Indigenous Affairs [2006] FCA 188

FEDERAL COURT OF AUSTRALIA

SZDTM v Minister for Immigration & Multicultural & Indigenous Affairs [2006] FCA 188 MIGRATION - reasonable apprehension of bias – administrative proceedings – in relatively brief hearing the Tribunal cut the applicant off when she tried to give more information –whether the decision-maker's comments might lead to apprehended bias – no apprehended bias MIGRATION – Tribunal finding that action is taken against the Chinese community because of because of their economic position or perceived wealth did not attract Convention protection – jurisdictional error – persecution because of a characteristic of or attributed to a racial group is persecution for a Convention reason MIGRATION – whether the Tribunal properly considered each of the appellant's claims - failure to consider accepted claims personal to the appellant in the context of the Convention and of the Act – failure to consider the effect of the totality of the personal claims and claims based on actions against her racial group on a well-founded fear of persecution – appeal allowed – matter remitted to Tribunal MIGRATION – whether discrimination experienced by the appellant for reason of religion is persecution within s 91R of the Act – appellant has not demonstrated that claimed experiences involved systematic conduct Migration Act 1958 (Cth)ss 36(2), 91R Ebner v Official in Bankruptcy (2000) 205 CLR 337 Minister for Immigration and Multicultural Affairs v Haji Ibrahim (2000) 204 CLR Minister for Immigration and Multicultural Affairs v Jia (2001) 205 CLR 507 Re Minister for Immigration and Multicultural Affairs and Another; Ex Parte Epeabaka (2001) 206 CLR 128 Re Refugee Review Tribunal; Ex parte H (2001) 179 ALR 425 VSAI v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCA 1602 SZDTM v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS AND REFUGEE REVIEW TRIBUNAL NSD1069 OF 2005 BENNETT J 9 MARCH 2006 SYDNEY