AZAAF v Minister for Immigration & Citizenship [2009] FCA 892

FEDERAL COURT OF AUSTRALIA

AZAAF v Minister for Immigration & Citizenship [2009] FCA 892

MIGRATION – appeal from orders made by Federal Magistrate dismissing appellant's application for review of decision of Minister's delegate refusing appellant protection visa – decision of Minister's delegate affirmed by Refugee Review Tribunal – where appellant claimed fear of persecution for Convention reason because he was member of social groups consisting of a family of Coptic Christians with prominent members that proselytise Muslims in Egypt and Coptic Christian proselytisers of Muslims in Egypt – where appellant claimed his father, grandfather and uncle had been killed for proselytising Muslims in Egypt – whether Tribunal committed jurisdictional error by deciding that death of appellant's grandfather and uncle did not affect appellant's position in Egypt or by deciding that appellant's version of his father's death had been concocted or by failing to consider question of social group or by failing to conduct hearing in unbiased manner as evidenced by findings in relation to appellant's father's death and letter provided by appellant's Priest Held: appeal dismissed – appellant's membership of his family did not give rise to fear of persecution for Convention reason – not necessary to determine question of social group because appellant did not belong to alleged group – no apparent bias on part of Tribunal – questioning of appellant was legitimate – no lack of reasons or evidence for Tribunal's findings. Abebe v The Commonwealth of Australia (1999) 197 CLR 510 discussed Avon Downs Pty Ltd v Federal Commissioner of Taxation (1949) 78 CLR 353 referred to AZAAF v Minister for Immigration & Citizenship & Another [2008] FMCA 1533 cited Dranichnikov v Minister for Immigration and Multicultural Affairs (2003) 197 ALR 389 followed Minister for Immigration and Ethnic Affairs v Guo (1997) 191 CLR 559 discussed N1202/01A v Minister for Immigration and Multicultural Affairs (2002) 68 ALD 21 referred to NADH of 2001 v Minister for Immigration and Multicultural and Indigenous Affairs (2004) 214 ALR 264 discussed NAQS v Minister for Immigration and Multicultural and Indigenous Affairs (2003) 77 ALD 424 discussed The Queen v Australian Stevedoring Industry Board; Ex parte Melbourne Stevedoring Co Pty Ltd (1953) 88 CLR 100 referred to AZAAF v MINISTER FOR IMMIGRATION & CITIZENSHIP and REFUGEE REVIEW TRIBUNAL