Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZMJM v Minister for Immigration and Citizenship [2010] FCA 309 Citation: SZMJM v Minister for Immigration and Citizenship [2010] FCA 309
Appeal from: SZMJM v Minister for Immigration and Citizenship [2009] FMCA 1175
Parties: SZMJM v MINISTER FOR IMMIGRATION AND CITIZENSHIP and REFUGEE REVIEW TRIBUNAL
File number: NSD 1437 of 2009
Judge: BENNETT J
Date of judgment: 1 April 2010
Catchwords: MIGRATION – appellant claimed persecution by religious extremists in Swat as a moderate Muslim who spoke out against extremists – Tribunal found appellant not credible and was not satisfied he was persecuted as claimed – whether Tribunal failed to consider claim that as a moderate Muslim, appellant was at risk from extremists in Swat – whether Tribunal obliged to consider UNHCR Handbook – duty to inquire – whether Tribunal erred by failing to investigate corroborative witness statements, a police report and hospital records provided by appellant – costs not to include respondent's costs of written submissions
Cases cited: Minister for Aboriginal Affairs v Peko-Wallsend Limited (1986) 162 CLR 24 cited Minister for Immigration and Citizenship v Dhanoa (2009) 180 FCR 510 cited Minister for Immigration and Citizenship v Le (2007) 164 FCR 151 cited Minister for Immigration and Citizenship v SZIAI (2009) 259 ALR 429 applied Minister for Immigration and Ethnic Affairs v Guo (1997) 191 CLR 559 applied Minister for Immigration and Multicultural Affairs v Rajalingam (1999) 93 FCR 220 cited Minister for Immigration and Multicultural and Indigenous Affairs v SGLB (2004) 207 ALR 12 cited Minister for Immigration and Multicultural and Indigenous Affairs v VSAF of 2003 [2005] FCAFC 73 cited Prasad v Minister for Immigration and Ethnic Affairs (1985) 6 FCR 155 cited Re Minister for Immigration and Multicultural Affairs; Ex parte Applicant S20/2002 (2003) 198 ALR 59 cited Semunigus v Minister for Immigration and Multicultural Affairs [1999] FCA 422 cited SZCOS v Minister for Immigration and Citizenship [2008] FCA 570 cited SZMJM v Minister for Immigration and Citizenship [2009] FMCA 1175 affirmed SZNBX v Minister of Immigration and Citizenship [2009] FCA 1403 cited
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