SZMZL v Minister for Immigration and Citizenship [2009] FCA 971

FEDERAL COURT OF AUSTRALIA

SZMZL v Minister for Immigration and Citizenship [2009] FCA 971

MIGRATION – jurisdictional error – failure to sufficiently address two out of three reasons for a claimed well-founded fear of persecution – impact of failure on consideration of reasonableness of relocation within country of nationality Held: appeal allowed Migration Act 1958 (Cth) ss 36(2), 65, 91R, 411(1)(c), 412, 415(1) and 420 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 referred to Kalala v Minister for Immigration and Multicultural Affairs (2001) 114 FCR 212 referred to Minister for Immigration and Multicultural and Indigenous Affairs v QAAH of 2004 (2006) 231 CLR 1 referred to SZBEL v Minister for Immigration and Multicultural and Indigenous Affairs (2006) 228 CLR 152 cited NAGV and NAGW of 2002 v Minister for Immigration and Multicultural and Indigenous Affairs and Another (2005) 222 CLR 161 referred to VBAO v Minister for Immigration and Multicultural and Indigenous Affairs (2006) 233 CLR 1 cited Minister for Immigration and Multicultural Affairs v Khawar (2002) 210 CLR 1 cited SZATV v Minister for Immigration and Citizenship [2007] 233 CLR 18 referred to Chan 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 referred to Minister for Immigration and Multicultural Affairs v Respondents S152/2003 (2004) 222 CLR 1 referred to Minister for Immigration and Ethnic Affairs v Guo (1997) 191 CLR 559 referred to SZMZL and SZMZM v MINISTER FOR IMMIGRATION AND CITIZENSHIP and REFUGEE REVIEW TRIBUNAL

NSD 434 of 2009