WZAOD v Minister for Immigration & Citizenship [2011] FCA 1044

FEDERAL COURT OF AUSTRALIA

WZAOD v Minister for Immigration & Citizenship [2011] FCA 1044 Citation: WZAOD v Minister for Immigration & Citizenship [2011] FCA 1044

Appeal from: WZAOD v Minister for Immigration and Citizenship & Anor [2011] FMCA 327

Parties: WZAOD v MINISTER FOR IMMIGRATION AND CITIZENSHIP and REFUGEE REVIEW TRIBUNAL

File number: WAD 182 of 2011

Judge: GILMOUR J

Date of judgment: 8 September 2011

Catchwords: MIGRATION – appeal from Federal Magistrate's decision dismissing an application for review of the Tribunal's decision to refuse to grant a protection visa – whether the Federal Magistrate erred in finding that the Tribunal did not make a reviewable error in misdirecting itself as to the relevant law, taking into account irrelevant considerations; and finding that South Africa could offer effective State protection.

Legislation: Migration Act 1958 (Cth)

Cases cited: Appellant S395/2002 v Minister for Immigration and Multicultural Affairs (2003) 216 CLR 473 Applicant NABD of 2002 v Minister for Immigration and Citizenship (2005) 79 ALJR 1142 Minister for Immigration and Citizenship v SZONJ (2011) 278 ALR 608 Minister for Immigration and Ethnic Affairs v Guo (1997) 191 CLR 559 Minister for Immigration and Multicultural Affairs v Khawar (2002) 210 CLR 1 Minister for Immigration and Multicultural Affairs v Respondents S152/2003 (2004) 222 CLR 1 Minister for Immigration and Multicultural Affairs v Yusuf (2001) 206 CLR 323 Plaintiff S157/2002 v Commonwealth of Australia (2003) 211 CLR 476 SZMDS v Minister for Immigration and Citizenship (2010) 240 CLR 611