Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZMVK v Minister for Immigration and Citizenship [2010] FCA 679 Citation: SZMVK v Minister for Immigration and Citizenship [2010] FCA 679
Appeal from: SZMVK v Minister for Immigration & Anor [2010] FMCA 75
Parties: SZMVK v MINISTER FOR IMMIGRATION AND CITIZENSHIP and REFUGEE REVIEW TRIBUNAL
File number: NSD 192 of 2010
Judge: COWDROY J
Date of judgment: 1 July 2010
Catchwords: MIGRATION – Appeal from Federal Magistrates Court of Australia – Review of a decision of the Refugee Review Tribunal – Claim of persecution through extortion – Whether Federal Magistrate erred in finding that Tribunal had adequately considered s 91R of Migration Act 1958 (Cth) – Whether Federal Magistrate erred in finding that threats against appellant's life were not genuine – Whether Federal Magistrate erred in finding that the Tribunal had considered broader test of 'serious harm' – Whether Federal Magistrate erred in finding that Tribunal had adequately considered issues relating to appellant's Pahadi ethnicity – Whether Federal Magistrate gave 'proper, genuine and realistic consideration' to appellant's claim – Held – No error as alleged – Appeal dismissed.
Legislation: Migration Act 1958 (Cth) s 91R
Cases cited: BRGAA of 2007 v Minister for Immigration and Citizenship and Another (2007) 164 FCR 381 cited Chan Yee Kin v Minister for Immigration and Ethnic Affairs (1989) 169 CLR 379 cited Collector of Customs v Pozzolanic Enterprises Pty Ltd (1993) 43 FCR 280 cited Craig v The State of South Australia (1995) 184 CLR 163 cited Minister for Aboriginal Affairs and Another v Peko Wallsend Limited and Others (1986) 162 CLR 24 cited Minister for Immigration and Ethnic Affairs v Wu Shan Liang and Others (1996) 185 CLR 259 cited Minister for Immigration and Multicultural Affairs v Yusuf (2001) 206 CLR 323 cited NAHI v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 10 cited NAIS and Others v Minister for Immigration and Multicultural and Indigenous Affairs and Another (2005) 228 CLR 270 distinguished NBFP v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCAFC 95 cited Politis v Federal Commissioner of Taxation (1998) 16 ALD 707 cited SZIIF v Minister for Immigration and Citizenship and Another (2008) 102 ALD 366 distinguished VBAO v Minister for Immigration and Multicultural and Indigenous Affairs and Another (2006) 233 CLR 1 cited VTAO and Others v Minister for Immigration and Multicultural and Indigenous Affairs (2004) 81 ALD 332 distinguished
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