Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
MZYHT v Minister for Immigration and Citizenship [2011] FCA 659 Citation: MZYHT v Minister for Immigration and Citizenship [2011] FCA 659
Appeal from: MZYHT v Minister for Immigration and Citizenship & Anor [2010] FMCA 581
Parties: MZYHT v MINISTER FOR IMMIGRATION AND CITIZENSHIP and REFUGEE REVIEW TRIBUNAL
File number: VID 38 of 2011
Judge: DODDS-STREETON J
Date of judgment: 10 June 2011
Catchwords: MIGRATION – Citizen of Bangladesh – Protection visa application – Visa refusal – Refugee Review Tribunal – Alleged fear of persecution due to political beliefs and political activism – Whether Tribunal erred in law by imposing an onus of proof – Whether Tribunal required applicant's claims or evidence to be substantiated or corroborated by documentary or other third party evidence – Whether error inferred from selective evaluation of corroborating documentary evidence prior to assessment of applicant's credibility
Legislation: Migration Act 1958 (Cth) s 65(1)
Cases cited: Applicant WAEE v Minister for Immigration and Multicultural and Indigenous Affairs (2003) 75 ALD 630 cited Bushell v Repatriation Commission (1992) 175 CLR 408 cited Eshetu v Minister for Immigration and Ethnic Affairs (1997) 46 ALD 203 cited Machmud v Minister for Immigration and Multicultural Affairs (2001) 66 ALD 98 considered Minister for Immigration and Citizenship v SZIAI & Anor (2009) 111 ALD 15 cited Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 cited MZXLB v Minister for Immigration and Citizenship [2007] FCA 1588 cited MZXSA v Minister for Immigration and Citizenship & Anor (2010) 117 ALD 441 considered MZYHT v Minister for Immigration and Citizenship & Anor [2010] FMCA 581 affirmed NAQR v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCA 1033 cited Re Minister for Immigration and Multicultural Affairs; Ex parte Applicant S20/2002 (2003) 73 ALD 1 cited SZEEU v Minister for Immigration and Multicultural and Indigenous Affairs (2006) 150 FCR 214 cited Warnakulasuriya v Minister for Immigration and Multicultural Affairs [1998] FCA 336 considered
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