Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZLWB v Minister for Immigration & Citizenship [2009] FCA 1067
MIGRATION – appeal from orders made by Federal Magistrate's Court dismissing appellants' application for review of decision of Tribunal refusing appellants protection visas – where appellants had been persecuted in Calcutta in India because first appellant was successful businessman and supporter of political party – whether Tribunal committed jurisdictional error in connection with its conclusion of adequate state protection and its conclusion with respect to relocation within India Held: appeal dismissed – Tribunal did not commit jurisdictional error in relation to its finding of adequate state protection – no error of approach or procedural error – Tribunal did not commit jurisdictional error in relation to its finding of relocation within India – no well-founded fear of persecution in other parts of India and open to Tribunal to find reasonable in sense of practicable for appellants to relocate Migration Act 1958 (Cth) ss 414, 425, 430 Convention relating to the Status of Refugees Art 1A Minister for Immigration and Multicultural Affairs v Respondents S152/2003 (2004) 222 CLR 1 applied NABE v Minister for Immigration and Multicultural and Indigenous Affairs (No 2) (2004) 144 FCR 1 cited NAIZ v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCAFC 37 referred to Randhawa v Minister for Immigration, Local Government and Ethnic Affairs (1994) 52 FCR 437 referred to SZATV v Minister for Immigration and Citizenship (2007) 233 CLR 18 applied SZBEL v Minister for Immigration and Multicultural and Indigenous Affairs (2006) 228 CLR 152 referred to SZDTM v Minister for Immigration and Citizenship [2008] FCA 1258 cited SZEJF v Minister for Immigration and Multicultural and Indigenous Affairs [2006] FCA 724 cited SZFDV v Minister for Immigration and Citizenship (2007) 233 CLR 51 applied SZJUB v Minister for Immigration and Citizenship [2007] FCA 1486 cited
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