SZNOE v Minister for Immigration and Citizenship [2012] FCA 96

FEDERAL COURT OF AUSTRALIA

SZNOE v Minister for Immigration and Citizenship [2012] FCA 96 Citation: SZNOE v Minister for Immigration and Citizenship [2012] FCA 96

Appeal from: SZNOE & Anor v Minister for Immigration & Anor [2010] FMCA 838

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

File number(s): QUD 581 of 2010

Judge: GREENWOOD J

Date of judgment: 20 February 2012

Catchwords: MIGRATION – consideration of an appeal from the Federal Magistrates Court of Australia on the footing of unreasonableness on the part of the Refugee Review Tribunal in reaching its decision in performance of the statutory review function – consideration of a contended failure on the part of the Tribunal to have regard to one characterisation of the social group to which the applicant for a protection visa might belong

Legislation: Migration Act 1958 (Cth), ss 36(2)(b), 424(3), 424(2), 424B, 91R(1)

Cases cited: SZNOE & Anor v Minister for Immigration & Anor [2010] FMCA 838 - cited MZXLD v Minister for Immigration and Citizenship [2007] FCA 1912 - cited SZJBD v Minister for Immigration and Citizenship (2008) 102 ALD 622 - cited STKB v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 546 - cited NASB v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCAFC 24 - cited M211 of 2003 v Minster for Immigration and Multicultural and Indigenous Affairs [2004] FCA 660 - cited Waterford v The Commonwealth (1987) 163 CLR 54- cited and quoted SZLGP v Minister for Immigration and Citizenship (2009) 181 FCR 113- cited Attorney-General (NSW) v Quin (1990) 170 CLR 1 - cited Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 - cited Minister for Immigration and Citizenship v SZJSS (2010) 85 ALJR 306 - cited NABE v Minister for Immigration and Multicultural and Indigenous Affairs (No 2) (2004) 144 FCR 1 - cited Applicant WAEE v Minister for Immigration and Multicultural and Indigenous Affairs (2003) 75 ALD 630 - cited Minister for Immigration and Multicultural Affairs v Yusuf (2001) 206 CLR 323 - cited Dranichnikov v Minister for Immigration and Multicultural Affairs (2003) 197 ALR 389 - cited MZXDQ v Minister for Immigration and Multicultural Affairs [2006] FCA 1632 - cited SZJRU v Minister for Immigration and Citizenship [2009] FCA 315 - cited BRGAE of 2008 v Minister for Immigration and Citizenship [2009] FCA 543 – cited Minister for Immigration and Citizenship v SZMDS (2010) 240 CLR 611 – cited and quoted Minister for Immigration and Multicultural Affairs v Eshetu (1999) 197 CLR 611 - cited Re Minister for Immigration and Multicultural Affairs Ex parte Applicant S20/2002 (2003) 198 ALR 59 – cited