AZAAB v Minister for Immigration and Citizenship [2009] FCA 248

FEDERAL COURT OF AUSTRALIA

AZAAB v Minister for Immigration and Citizenship [2009] FCA 248

MIGRATION – protection visa – whether unarticulated claim made of well-founded fear of persecution by reason of being a conscientious objector to compulsory military service – whether claim addressed by Tribunal – whether jurisdictional error Held – claim of well-founded fear of persecution by reason of being a conscientious objector to compulsory military service squarely raised on material – claim not addressed or incorrectly addressed by Tribunal – jurisdictional error established

Migration Act 1958 (Cth) Convention Relating to the Status of Refugees Protocol Relating to the Status of Refugees Minister for Immigration and Multicultural Affairs v Ibrahim (2000) 204 CLR 1 referred to Mijoljevic v Minister for Immigration and Multicultural Affairs [1999] FCA 834 discussed Erduran v Minister for Immigration and Multicultural Affairs (2002) 122 FCR 150 discussed NAQF v Minister for Immigration and Multicultural and Indigenous Affairs (2003) 130 FCR 456 referred to Collector of Customs v Pozzolanic Enterprises Pty Ltd (1993) 43 FCR 280 referred to Appellant S395/2002 v Minister for Immigration and Multicultural Affairs (2003) 216 CLR 473 referred to NABE v Minister for Immigration and Multicultural and Indigenous Affairs (No 2) (2004) 144 FCR 1 referred to AZAAB v MINISTER FOR IMMIGRATION AND CITIZENSHIP and REFUGEE REVIEW TRIBUNAL

SAD 175 of 2008

MANSFIELD J

27 MARCH 2009

ADELAIDE IN THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIA DISTRICT REGISTRY SAD 175 of 2008

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA BETWEEN: AZAAB

Appellant

AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

JUDGE: MANSFIELD J