SZIOF v Minister for Immigration and Citizenship [2007] FCA 1858

FEDERAL COURT OF AUSTRALIA

SZIOF v Minister for Immigration and Citizenship [2007] FCA 1858

MIGRATION – appeal from a decision of a Federal Magistrate reviewing a decision of the Refugee Review Tribunal – Nepalese citizen claiming persecution at the hands of Maoists – whether Federal Magistrate erred in not considering whether the appellant was at risk in relation to incidents of violence which the Tribunal found were likely to recur – s 424A Migration Act 1958 (Cth) – whether fact that Nepalese citizens have rights of abode in India "information" within the meaning in s 424A or "subjective appraisals, thought processes or determinations" – whether Tribunal should have specifically put to the appellant that she could have left Nepal for India immediately on obtaining a passport – whether independent basis for decision Held: Appeal dismissed. Tribunal found peace accord holding and that the chance of harm from Maoists extremely remote. Tribunal properly assessed whether well-founded fear of persecution existed and no error arises. That the appellant could have left Nepal for India was information for the purposes of s 424A which falls within the exception in s 424A(3)(a) as it pertains to all Nepalese citizens in possession of a passport and was not required to be specially put to the appellant.

Migration Act 1958 (Cth) s 424A

Minister for Immigration and Citizenship v Applicant A125 of 2003 [2007] FCAFC 162 cited Minister for Immigration and Multicultural Affairs v QAAH of 2004 (2006) 231 ALR 340 cited Minister for Immigration and Multicultural Affairs v Respondents S152/2003 (2004) 222 CLR 1 cited Minister for Immigration and Multicultural and Indigenous Affairsv NAMW (2004) 140 FCR 572 applied NADH of 2001 v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 328 cited Paul v Minister for Immigration and Multicultural Affairs (2001) 113 FCR 396 cited SAAP v Minister for Immigration and Multicultural and Indigenous Affairs(2005) 215 ALR 162 cited SZBJQ v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 1346 cited SZBYR v Minister for Immigration and Citizenship (2007) 235 ALR 609 cited SZFLL v Minister for Immigration and Citizenship [2007] FCA 355 cited SZGQZ v Minister for Immigration and Citizenship [2007] FCA 1091 cited Tin v Minister for Immigration and Multicultural Affairs [2000] FCA 1109 cited VAAM v Minister for Immigration and Multicultural Affairs [2002] FCAFC 120 cited VAF v Minister for Immigration and Multicultural and Indigenous Affairs (2004) 206 ALR 471 applied WAGP of 2002 v Minister for Immigration and Multicultural and Indigenous Affairs (2002) 124 FCR 276 cited WAJW v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 330 considered