Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZOVP v Minister for Immigration and Citizenship [2012] FCA 244 Citation: SZOVP v Minister for Immigration and Citizenship [2012] FCA 244
Appeal from: SZOVP v Minister for Immigration & Anor (No 2) [2011] FMCA 442
Parties: SZOVP v MINISTER FOR IMMIGRATION AND CITIZENSHIP and REFUGEE REVIEW TRIBUNAL
File number: NSD 1425 of 2011
Judge: COLLIER J
Date of judgment: 16 March 2012
Catchwords: MIGRATION – application for protection visa – decision of Refugee Review Tribunal to refuse visa – appellant diagnosed with schizophrenia – whether real chance appellant would be persecuted in China for a Convention reason – s 414 of the Migration Act 1958 (Cth) – appellant referred in her statement to events occurring during childhood – whether childhood events described in statement were subject of a "claim" by appellant – s 425 and s 427(1)(d) of the Migration Act 1958 (Cth) – whether Tribunal's purported invitation to attend hearing was vitiated by the appellant's mental impairment – whether it was for the Tribunal to satisfy itself that appellant was competent to give evidence – psychiatric report subsequently provided at hearing in Federal Magistrates Court – whether further inquiry by Tribunal pursuant to s 427(1)(d) required – whether failure of Tribunal to require migration agent to attend hearing a constructive failure of Tribunal to exercise jurisdiction under s 425
Legislation: Migration Act 1958 (Cth) ss 414, 425, 427(1)(d), 427(3) Federal Magistrates Court Rules 2001 (Cth) r 44.12(1)(b)
Cases cited: Dranichnikov v Minister for Immigration (2003) 197 ALR 389 cited Htun v Minister for Immigration (2001) 194 ALR 244 cited Minister for Immigration and Citizenship v SZGUR (2011) 241 CLR 594 cited Minister for Immigration and Citizenship v SZIAI [2009] HCA 39 cited Minister for Immigration and Citizenship v SZNVW (2010) 183 FCR 575 cited NABE v Minister for Immigration (No 2) (2004) 144 FCR 1 cited NAMJ v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 983 cited SZOOI v Minister for Immigration & Anor [2010] FMCA 816 cited
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