SZNVE v Minister for Immigration and Citizenship [2010] FCA 251

FEDERAL COURT OF AUSTRALIA

SZNVE v Minister for Immigration and Citizenship [2010] FCA 251 Citation: SZNVE v Minister for Immigration and Citizenship [2010] FCA 251

Appeal from: SZNVE & Ors v Minister for Immigration & Anor [2009] FMCA 1157

Parties: SZNVE, SZNLF, SZNLG, SZNLH and SZNLI v MINISTER FOR IMMIGRATION AND CITIZENSHIP and REFUGEE REVIEW TRIBUNAL

File number: NSD 1411 of 2009

Judge: LOGAN J

Date of judgment: 22 March 2010

Catchwords: MIGRATION – Appeal – Application for protection visa – Fear of persecution for reason of membership of a particular "social group" – Whether Refugee Review Tribunal failed to consider claim as made by appellant – Whether Refugee Review Tribunal failed to address the particular "social group" propounded in the claim – Held Refugee Review Tribunal committed jurisdictional error by failing to consider the claim as made

Legislation: Migration Act 1958 (Cth)

Cases cited: SZNVE v Minister for Immigration and Citizenship [2009] FMCA 1157, cited Dranichnikov v Minister for Immigration and Multicultural Affairs (2003) 77 ALJR 1088, followed Syan v Refugee Review Tribunal (1995) 61 FCR 284, cited VWBU v Minister for Immigration and Multicultural and Indigenous Affairs [2006] FCA 39, considered Htun v Minister for Immigration and Multicultural Affairs (2001) 194 ALR 244, cited NABE v Minister for Immigration and Multicultural and Indigenous Affairs (No 2) (2004) 144 FCR 1, cited Minister for Immigration and Multicultural Affairs v Iraselian (2001) 206 CLR 323, cited Applicant A v Minister for Immigration and Ethnic Affairs (1997) 190 CLR 225, cited