Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZOVB v Minister for Immigration and Citizenship [2011] FCA 1462 Citation: SZOVB v Minister for Immigration and Citizenship [2011] FCA 1462
Appeal from: SZOVB & Ors v Minister for Immigration & Anor [2011] FMCA 394
Parties: SZOVB, SZOVC, SZOVE (BY HIS LITIGATION GUARDIAN SZOVC) and SZOVD v MINISTER FOR IMMIGRATION AND CITIZENSHIP and REFUGEE REVIEW TRIBUNAL
File number: NSD 1001 of 2011
Judge: KATZMANN J
Date of judgment: 19 December 2011
Catchwords: MIGRATION — Refugees – appellants applied for protection visa on ground of race – whether tribunal failed to consider racial motivation for alleged harm as a component integer of claim – whether tribunal failed to ask right question or consider relevant matter – principles on issuing writs to correct jurisdictional error – whether tribunal had an independent reason for affirming the decision that is untainted by jurisdictional error – whether tribunal's finding on State protection is truly independent from its finding on racial motivation
Legislation: Migration Act 1958 (Cth) ss 36(2), 414
Cases cited: Applicant WAEE v Minister for Immigration and Multicultural Affairs (2003) 75 ALD 630 Branir Pty Ltd v Owston Nominees Pty Ltd (No 2) (2001) 117 FCR 424 Craig v South Australia (1995) 184 CLR 163 Horvath v Secretary of State for the Home Department [2001] 1 AC 489 Htun v Minister for Immigration (2001) 194 ALR 244 Jadwan v Secretary, Department of Health and Aged Care (2003) 204 ALR 55 Ma v Minister for Immigration and Citizenship [2007] FCAFC 69 Minister for Immigration and Citizenship v MZYHS (2011) 119 ALD 534 Minister for Immigration and Citizenship v SZJSS (2010) 273 ALR 122 Minister for Immigration and Citizenship v SZNSP (2010) 184 FCR 485 Minister for Immigration and Ethnic Affairs v Bhardwaj (2003) 209 CLR 597 Minister for Immigration and Ethnic Affairs v Guo (1997) 191 CLR 559 Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 Minister for Immigration and Multicultural Affairs v Respondents S152/2003 (2004) 222 CLR 1 MZWVH v Minister for Immigration and Multicultural and Indigenous Affairs [2006] FCA 1016 NABE v Minister for Immigration and Multicultural and Indigenous Affairs (No 2) (2004) 144 FCR 1 NAIS v Minister for Immigration and Multicultural and Indigenous Affairs (2005) 228 CLR 470 at [37] and [171]; Plaintiff S157/2002 v Commonwealth (2003) 211 CLR 476 Sellamuthu v Minister for Immigration (1990) 90 FCR 287 SZCBT v Minister for Immigration and Multicultural Affairs [2007] FCA 9 SZGME v Minister for Immigration and Citizenship (2008) 168 FCR 487 SZGXS v Minister for Immigration and Citizenship [2007] FCA 398 VBAP of 2002 v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 965
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