SZOJF v Minister for Immigration and Citizenship [2011] FCA 1384

FEDERAL COURT OF AUSTRALIA

SZOJF v Minister for Immigration and Citizenship [2011] FCA 1384 Citation: SZOJF v Minister for Immigration and Citizenship [2011] FCA 1384

Appeal from: SZOJF v Minister for Immigration & Anor [2011] FMCA 76

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

File number(s): NSD 236 of 2011

Judge: GREENWOOD J

Date of judgment: 7 December 2011

Catchwords: MIGRATION – consideration of a contention that the Refugee Review Tribunal fell into jurisdictional error by failing to treat the report of a medical general practitioner and a report from a counsellor as evidence corroborative of the facts contended for by the visa applicant before the Tribunal as giving rise to a well-founded fear of persecution for a Convention reason

Legislation: Migration Act 1958 (Cth), ss 36(2), 414, 415

Cases cited: Minister for Immigration and Citizenship v SZNVW and Another [2010] FCAFC 41; (2010) 183 FCR 575 - cited SZKHD v Minister for Immigration and Citizenship [2008] FCA 112 - cited Applicant WAEE v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCAFC 184; (2003) 75 ALD 630 – cited Minister for Immigration and Multicultural Affairs v Al-Miahi (2001) 65 ALD 141 - cited Subramaniam v Minister for Immigration and Multicultural Affairs [2002] FCAFC 255 - cited Thirukkumar v Minister for Immigration and Multicultural Affairs [2002] FCAFC 268 - cited VMAJ v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCAFC 21 - cited Minister for Immigration and Citizenship v SZNPG (2010) 115 ALD 303 - cited Minister for Immigration v Yusuf (2001) 206 CLR 323 - cited Minister for Aboriginal Affairs v Peko-Wallsend Ltd (1986) 162 CLR 24 - cited Minister for Immigration and Citizenship v MZYHS and Another (2011) 119 ALD 534 – cited Minister for Immigration and Citizenship v SZJSS (2010) 243 CLR 164 - cited