SZLAN v Minister for Immigration and Citizenship [2008] FCA 904

FEDERAL COURT OF AUSTRALIA

SZLAN v Minister for Immigration and Citizenship [2008] FCA 904 MIGRATION – 'satisfaction' distinguished from balance of probabilities – obligation upon an applicant for a protection visa to satisfy the Refugee Review Tribunal that the applicant had taken all possible steps to avail himself of a right to enter and reside in another country – meaning of 'right to enter and reside' – use by Tribunal of the expression 'If the Tribunal is wrong about this' – persecution for reason of membership of a particular social group – need to consider whether extortive activity had a dual character – whether the essential and significant reason for the persecution was a Convention reason Migration Act 1958 (Cth) ss 36(2), 36(3), 36(5), 65, 91M, 91R, 411(1)(c), 412 and 420 Border Protection Legislation Amendment Act 1999 (Cth)

Re RUDDOCK (in his capacity as Minister for Immigration and Multicultural Affairs; Ex parte applicant S154/2002 (2003) 201 ALR 437 cited Minister for Immigration and Multicultural Affairs v Rajalingam (1999) 93 FCR 220 considered Kalala v Minister for Immigration and Multicultural Affairs 114 FCR 212 considered NAGV and NAGW of 2002 v Minister for Immigration and Multicultural and Indigenous Affairs (2005) 222 CLR 161 cited Minister for Immigration and Multicultural Affairs v Khawar (2002) 210 CLR 1 applied SZATV v Minister for Immigration and Citizenship (2007) 237 ALR 634 applied Chan Yee Kin v The Minister for Immigration and Ethnic Affairs (1989) 169 CLR 379 referred to Applicant A v Minister for Immigration and Ethnic Affairs (1997) 190 CLR 225 cited Minister for Immigration and Multicultural Affairs v Respondents S152/2003 (2004) 222 CLR 1 applied Minister for Immigration and Ethnic Affairs v Guo (1997) 191 CLR 559 applied Rajaratnam v Minister for Immigration and Multicultural Affairs (2000) 62 ALD 73 applied Chen Chi Hai v Minister for Immigration and Multicultural Affairs (2000) 201 CLR 293 applied Ram v Minister for Immigration and Ethnic Affairs (1995) 57 FCR 565 referred to SZHWI v Minister for Immigration and Multicultural Affairs [2007] 95 ALD 631 not followed V856/00A v Minister for Immigration and Multicultural Affairs (2001) 114 FCR 408 referred to Minister for Immigration and Multicultural Affairs v Applicant C (2001) 116 FCR 154 referred to WAGH v Minister for Immigration and Multicultural and Indigenous Affairs (2003) 131 FCR 269 referred to SZFKD v Minister for Immigration [2006] FMCA 49 disapproved SZCOS v Minister for Immigration and Citizenship [2008] FCA 570 referred to SZLAN and SZLAO v MINISTER FOR IMMIGRATION AND CITIZENSHIP and REFUGEE REVIEW TRIBUNAL