Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Minister for Immigration and Citizenship v MZYHS [2011] FCA 53 Citation: Minister for Immigration and Citizenship v MZYHS [2011] FCA 53
Appeal from: MZYHS v Minister for Immigration and Anor [2010] FMCA 417
Parties: MINISTER FOR IMMIGRATION AND CITIZENSHIP v MZYHS and REFUGEE REVIEW TRIBUNAL
File number: VID 558 of 2010
Judge: KENNY J
Date of judgment: 31 January 2011
Catchwords: MIGRATION – appeal from decision of Federal Magistrate upholding an application for review of decision of Refugee Review Tribunal – whether Refugee Review Tribunal failed to take into account a relevant consideration – whether decision affected by jurisdictional error – whether psychologist's report is corroborative evidence of claim to be a refugee – whether failure to consider report as corroborative amounts to jurisdictional error – whether Refugee Review Tribunal misunderstood the purpose of psychologist's report – making findings on credibility is the function of the decision-maker – it is a matter for the Tribunal to determine the weight to be given to a psychologist's report – no jurisdictional error – appeal allowed
Legislation: Migration Act 1958 (Cth) Migration Regulations 1994 (Cth)
Cases cited: Minister for Aboriginal Affairs v Peko-Wallsend Ltd (1986) 162 CLR 24 Minister for Immigration and Multicultural Affairs v Yusuf (2001) 206 CLR 323 Craig v South Australia (1995) 184 CLR 163 Abebe v Commonwealth (1999) 197 CLR 510 Htun v Minister for Immigration and Multicultural Affairs (2001) 194 ALR 244 Applicant WAEE v Minister for Immigration and Multicultural and Indigenous Affairs (2003) 75 ALD 630 NABE v Minister of Immigration and Multicultural and Indigenous Affairs (No 2) (2004) 144 FCR 1 Minister for Immigration and Citizenship v SZNPG (2010) 115 ALD 303 Paul v Minister for Immigration and Multicultural Affairs (2001) 113 FCR 396 NADR v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCAFC 167 Re Minister for Immigration and Multicultural Affairs; ex parte Durairajasingham (2000) 58 ALD 609 Enfield City v Development Assessment Commission (2000) 199 CLR 135 SZKHD v Minister for Immigration and Citizenship [2008] FCA 112 Illankovan v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 220 Cong Tam Dang v Minister for Immigration & Multicultural Affairs (2000) 61 ALD 29 Minister for Immigration and Citizenship v SZNSP (2010) 184 FCR 485 Re Minister for Immigration and Multicultural Affairs; ex parte Applicant S20/2002 (2003) 198 ALR 59 Subramaniam v Minister for Immigration and Multicultural Affairs [2002] FCAFC 255 Thirukkumar v Minister for Immigration and Multicultural Affairrs [2002] FCAFC 268 VGAP v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCA 1607 Rezaei v Minister for Immigration and Multicultural and Indigenous Affairs [2001] FCA 1294 SZJSS v Minister for Immigration and Citizenship (2009) 113 ALD 270 Swift v SAS Trustee Corporation [2010] NSWCA 182 Minister for Immigration and Citizenship v SZJSS [2010] HCA 48
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