MZYNA v Minister for Immigration and Citizenship [2012] FCA 159

FEDERAL COURT OF AUSTRALIA

MZYNA v Minister for Immigration and Citizenship [2012] FCA 159 Citation: MZYNA v Minister for Immigration and Citizenship [2012] FCA 159

Appeal from: MZYNA v Minister for Immigration & Anor [2011] FMCA 911

Parties: MZYNA v MINISTER FOR IMMIGRATION AND CITIZENSHIP and C PACKER IN HIS CAPACITY AS INDEPENDENT MERITS REVIEWER

File number: VID 1476 of 2011

Judge: GORDON J

Date of judgment: 1 March 2012

Catchwords: MIGRATION – appeal from Federal Magistrates Court against dismissal of application for judicial review of decision of Independent Merits Reviewer – principles relating to relocation – security situation in the reasonably foreseeable future – returnees – the reasonableness of relocation

Legislation: Migration Act 1958 (Cth)

Cases cited: Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321 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 Al-Miahi (2001) 65 ALD 141 Minister for Immigration and Multicultural Affairs v Rajamanikkam (2002) 210 CLR 222 Minister for Immigration and Citizenship v SZNPG (2010) 115 ALD 303 Minister for Immigration and Multicultural and Indigenous Affairs v VOAO & VOAP [2005] FCAFC 50 MZYNA v Minister for Immigration & Anor [2011] FMCA 911 NAHI v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCAFC 10 NAIZ v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCAFC 37 Plaintiff M61/2010E v Commonwealth of Australia (2010) 243 CLR 319 Randhawa v Minister for Immigration, Local Government and Ethnic Affairs (1994) 52 FCR 437 SHJB v Minister for Immigration and Multicultural and Indigenous Affairs (2003) 134 FCR 43 SZATV v Minister for Immigration and Citizenship (2007) 233 CLR 18 SZFDV v Minister for Immigration and Citizenship (2007) 233 CLR 51 SZFWB v Minister for Immigration and Citizenship [2007] FCA 167 SZHZF v Minister for Immigration and Citizenship [2007] FCA 1173 SZJDI v Minister for Immigration and Citizenship [2008] FCA 685 SZLWB v Minister for Immigration and Citizenship [2009] FCA 1067 SZOCW v Minister for Immigration and Citizenship [2010] FCA 1307 VAAW of 2001 v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCAFC 202 VWBF v Minister for Immigration and Multicultural and Indigenous Affairs (2006) 154 FCR 302