SZGUW v Minister for Immigration & Citizenship [2008] FCA 91

FEDERAL COURT OF AUSTRALIA

SZGUW v Minister for Immigration & Citizenship [2008] FCA 91 MIGRATION – Chinese national protested the illegal expropriation of his farmland – Tribunal found his subsequent arrest, detention and physical mistreatment amounted to persecution for Convention reason – application for protection visa refused – leave to raise fresh grounds of appeal – no failure to notify applicant of relevant issues – effective state protection – failure to take cumulative approach to 'serious harm' test – constructive failure to exercise jurisdiction

Migration Act 1958 (Cth) ss 91R, 414 and 425 Abebe v The Commonwealth (1999) 197 CLR 510followed Avon Downs Pty Limited v Federal Commissioner of Taxation (1949) 78 CLR 353 at 360 referred to Branir Pty Ltd v Owston Nominees (No 2) Pty Limited (2001) 117 FCR 424referred to Chan v Minister for Immigration and Ethnic Affairs (1989) 169 CLR 379referred to Coulton v Holcombe (1986) 162 CLR 1referred to Commissioner for Australian Capital Territory Revenue v Alphaone Pty Ltd (1994) 49 FCR 576applied Dranichnikov v Minister for Immigration and Multicultural and Indigenous Affairs (2003) 197 ALR 389 applied Khan v Minister for Immigration and Multicultural Affairs [2000] FCA 1478referred to Htun v Minister for Immigration and Multicultural Affairs (2001) 194 ALR 244applied Minister for Immigration & Citizenship v Applicant A 125 of 2003 [2007] FCAFC 162applied Minister for Immigration and Ethnic Affairs v Guo (1997) 191 CLR 559referred to Minister for Immigration and Multicultural Affairs v Bhardwaj (2002) 209 CLR 597referred to Minister for Immigration and Multicultural Affairs v Eshetu (1999) 197 CLR 611referred to Minister for Immigration and Multicultural Affairs v Khawar (2002) 210 CLR 1discussed Minister for Immigration and Multicultural and Indigenous Affairs v SGLB (2004) 207 ALR 12 referred to MZWPD v Minister for Immigration and Multicultural and Indigenous Affairs [2006] FCA 1095applied NABE v Minister for Immigration and Multicultural and Indigenous Affairs (No 2) (2004) 144 FCR 1 applied NBFP v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCAFC 95applied Re Minister for Immigration and Multicultural Affairs; Ex parte Applicant S20/2002 (2003) 198 ALR 59referred to SZBEL v Minister for Immigration and Multicultural and Indigenous Affairs (2006) 228 CLR 152considered SZFDE v Minister for Immigration & Citizenship (2007) 81 ALJR 1401referred to VBAO v Minister for Immigration and Multicultural and Indigenous Affairs (2006) 231 ALR 544referred to VTAO v Minister for Immigration and Multicultural and Indigenous Affairs (2004) 81 ALD 332applied VUAX v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 158referred to WAEE v Minister for Immigration and Multicultural and Indigenous Affairs (2003) 75 ALD 630 referred to IN THE MATTER OF SZGUW v MINISTER FOR IMMIGRATION & CITIZENSHIP and REFUGEE REVIEW TRIBUNAL NSD 1337 OF 2007