SZOQQ v Minister for Immigration and Citizenship [2011] FCA 1237

FEDERAL COURT OF AUSTRALIA

SZOQQ v Minister for Immigration and Citizenship [2011] FCA 1237 Citation: SZOQQ v Minister for Immigration and Citizenship [2011] FCA 1237

Appeal from: BHYK v Minister for Immigration and Citizenship [2010] AATA 662

Parties: SZOQQ v MINISTER FOR IMMIGRATION AND CITIZENSHIP and ADMINISTRATIVE APPEALS TRIBUNAL

File number: NSD 1262 of 2010

Judge: STONE J

Date of judgment: 4 November 2011

Catchwords: MIGRATION – Protection Visa cancelled on character grounds – s 501 Migration Act 1958 (Cth) – applicant constitutes a danger to the Australian community –applicant likely to be returned to West Papua where previously subject to persecution – whether applicant comes within the exception in Art 33(2) of the Convention relating to the Status of Refugees – whether Tribunal made a jurisdictional error in failing to weigh consequences of cancellation to applicant against likelihood of danger to Australian community

Legislation: Administrative Appeals Tribunal Act 1975 (Cth) s 37 Migration Act 1958 (Cth) ss 36, 48B, 91U(1) 501(2)

Cases cited: Applicant A v Minister for Immigration and Ethnic Affairs (1997) 190 CLR 225 Briginshaw v Briginshaw (1938) 60 CLR 336 Chan Yee Kin v Minister for Immigration and Ethnic Affairs (1989) 169 CLR 379 Dhayakpa v Minister for Immigration and Ethnic Affairs (1995) 62 FCR 556 Minister for Immigration and Citizenship v SZMDS (2010) 240 CLR 611 R v Secretary of State for the Home Department, Ex parte Chahal [1995] 1 WLR 526 WKCG v Minister for Immigration and Citizenship [2009] AATA 512 Zaoui v Attorney-General (No 2) [2006] 1 NZLR 289 Lauterpacht and Bethlehem, "The scope and content of the principle of non-refoulement: Opinion" in Feller, Turk and Nicholson (Eds) Refugee Protection in International Law, Cambridge University Press, 2003 Office of the United Nations High Commissioner for Refugees, Handbook on Procedure and Criteria for Determining Refugee Status, 1992 Australian Government, Interpreting the Refugees Convention – an Australian Contribution, 2002 Professor James C Hathaway in The Rights of Refugees under International Law, University of Michigan, Cambridge University Press, 2005 1951 Convention relating to the Status of Refugees as amended by the 1967 Protocol relating to the Status of Refugees Arts 1A(2), 33 Vienna Convention on the Law of Treaties, Art 31