SZCOS v Minister for Immigration & Citizenship [2008] FCA 570

FEDERAL COURT OF AUSTRALIA

SZCOS v Minister for Immigration & Citizenship [2008] FCA 570 MIGRATION – decision upholding refusal of Protection (Class XA) Visa – whether Tribunal entitled to base finding only on demeanour – Tribunal entitled to have regard to demeanour – Tribunal's rejection of claims based on several strands of reasoning only one of which was demeanour – whether Tribunal obliged to ask questions – Tribunal not obliged to frame further questions – findings adverse to appellant do not indicate bias or apprehended bias – no jurisdictional error MIGRATION – test for well-founded fear of persecution – whether Tribunal applied wrong test (probability test) – whether real chance test in Chan v Minister for Immigration & Ethnic Affairs (1989) 169 CLR 379 should be applied to each past persecutory event claimed – findings of past events not in same category as assessment of future events – Tribunal's reasons for findings on past events not attended by doubt – Tribunal not required to consider each past event by applying real chance test Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321 applied Chan v Minister for Immigration & Ethnic Affairs (1989) 169 CLR 379 considered Collector of Customs v Pozzolanic Enterprises Pty Ltd (1993) 43 FCR 280 cited Fox v Percy (2003) 214 CLR 118 cited Guo v Minister for Immigration & Ethnic Affairs (1996) 64 FCR 151 cited Kalala v Minister for Immigration & Multicultural Affairs (2001) 114 FCR 212 considered Minister for Immigration & Ethnic Affairs v Guo (1997) 191 CLR 559 considered Minister for Immigration & Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 cited Minister for Immigration & Multicultural Affairs v Eshetu (1999) 197 CLR 611 cited Minister for Immigration & Multicultural Affairs v Rajalingam (1997) 93 FCR 220 considered Re Minister for Immigration & Multicultural Affairs; Ex parte Applicant S20/2002 (2003) 198 ALR 59 cited Re Refugee Review Tribunal; Ex parte H (2001) 179 ALR 425 cited SAAK v Minister for Immigration & Multicultural Affairs (2002) 121 FCR 185 cited SBBS v Minister for Immigration & Multicultural & Indigenous Affairs (2002) 194 ALR 749 applied State Rail Authority of New South Wales v Earthline Constructions Pty Ltd (In liq) (1999) 160 ALR 583 cited SZCOS v Minister for Immigration & Anor [2007] FMCA 1471 considered SZDTZ v Minister for Immigration & Citizenship [2007] FCA 1824 cited WAEJ v Minister for Immigration & Multicultural & Indigenous Affairs (2003) 76 ALD 597 cited W148/00A v Minister for Immigration & Multicultural Affairs (2001) 185 ALR 703 cited Yakubu v Minister for Immigration & Multicultural Affairs [2002] FCAFC 57 cited SZCOS v MINISTER FOR IMMIGRATION AND CITIZENSHIP and REFUGEE REVIEW TRIBUNAL