Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZQKC v Minister for Immigration and Citizenship [2012] FCA 249 Citation: SZQKC v Minister for Immigration and Citizenship [2012] FCA 249
Appeal from: SZQKC v Minister for Immigration and Citizenship [2011] FMCA 848
Parties: SZQKC v MINISTER FOR IMMIGRATION AND CITIZENSHIP and KERRY-ANNE HARTMAN IN HER CAPACITY AS INDEPENDENT MERITS REVIEWER
File number: NSD 2060 of 2011
Judge: RARES J
Date of judgment: 27 February 2012
Catchwords: MIGRATION – Minister's consideration of the exercise of power to permit applicant to apply for visa under s 46A of the Migration Act 1958 (Cth) – recommendation of independent merits reviewer – jurisdictional error – determination of whether applicant has well founded fear of persecution by non-State agents – significance of protection afforded by State where non-State agents provided protection from feared harm – whether applicant had well-founded fear of persecution by non-State agents where the regional presence of other non-State agents excluded or negated activity of perpetrators of feared harm Held: sufficiency of State protection only relevant if applicant first demonstrates well-founded fear of persecution if returned to State – non-State agents keeping peace in applicant's region excluded activity of alleged perpetrators of feared persecution: appeal dismissed
Legislation: Migration Act 1958 (Cth) ss 36(2), 46A
Cases cited: Cole v Minister for Immigration and Multicultural Affairs [2001] FCA 76 referred to Horvath v Secretary of State for the Home Department [2001] 1 AC 489 referred to Minister for Immigration and Multicultural Affairs v Respondents S152/2003 (2004) 222 CLR 1 applied Plaintiff M61/2001E v the Commonwealth (2010) 243 CLR 319 referred to Siaw v Minister for Immigration and Multicultural Affairs [2001] FCA 953 referred to Smith v New South Wales Bar Association (1992) 176 CLR 256 distinguished SVTB v Minister for Immigration, Multicultural and Indigenous Affairs [2005] FCAFC 104 applied SZBEL v Minister for Immigration and Multicultural and Indigenous Affairs (2006) 228 CLR 152 applied
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