SZJOC v Minister for Immigration and Citizenship [2008] FCA 1342

FEDERAL COURT OF AUSTRALIA

SZJOC v Minister for Immigration and Citizenship [2008] FCA 1342

MIGRATION – jurisdictional error – whether claimed fear of persecution for reason of religion properly addressed – ascertainment of an applicant's religious convictions – degree of applicant's involvement in religious observance Held: appeal allowed Migration Act 1958 (Cth) ss 36(2), 65, 424A(1) 424A(3)(a) and 430 SZJOC v Minister for Immigration and Citizenship [2008] FMCA 637 referred to SZBEL v Minister for Immigration and Multicultural and Indigenous Affairs (2006) 228 CLR 152 cited SZBYR v Minister for Immigration and Citizenship (2007) 235 ALR 609 cited Minister for Immigration and Multicultural Affairs v Yusuf (2001) 206 CLR 323 cited Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 cited Minister for Immigration and Multicultural and Indigenous Affairs v QAAH of 2004 (2006) 231 CLR 1 referred to Minister for Immigration and Multicultural Affairs v Khawar (2002) 210 CLR 1 referred to SZATV v Minister for Immigration and Citizenship (2007) 237 ALR 634 referred to Chan Yee Kin v 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 referred to Minister for Immigration for Immigration and Multicultural Affairs v Respondents S152/2003 (2004) 222 CLR 1 referred to WALT v Minister for Immigration and Multicultural and Indigenous Affairs [2007] FCAFC 2 applied SZJOC v MINISTER FOR IMMIGRATION AND CITIZENSHIP and REFUGEE REVIEW TRIBUNAL

NSD 795 OF 2008

GRAHAM J

14 AUGUST 2008

SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 795 OF 2008

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: SZJOC

Appellant

AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP