Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
MZYPV v Minister for Immigration and Citizenship [2012] FCA 296 Citation: MZYPV v Minister for Immigration and Citizenship [2012] FCA 296
Appeal from: MZYPV v Minister for Immigration and Citizenship & Anor [2011] FMCA 1022
Parties: MZYPV v MINISTER FOR IMMIGRATION AND CITIZENSHIP and LES BLACKLOW IN HIS CAPACITY AS INDEPENDENT MERITS REVIEWER
File number: VID 59 of 2012
Judge: JESSUP J
Date of judgment: 28 March 2012
Catchwords: MIGRATION – Appellant's claims under Refugee Convention rejected in Independent Merits Review – Whether reviewer failed to exercise his jurisdiction – Whether reviewer took account only of past events and failed to consider the reasonably foreseeable future – Whether reviewer, in being unpersuaded of the happening of claimed events, failed to consider the possibility that the events did happen – Whether reviewer's decision illogical or irrational.
Legislation: Migration Act 1958 (Cth) s 476 The Constitution s 75(v)
Cases cited: Chan Yee Kin v Minister for Immigration and Ethnic Affairs (1989) 169 CLR 379 Minister for Immigration and Citizenship v SZMDS (2010) 240 CLR 611 Minister for Immigration and Ethnic Affairs v Guo (1997) 191 CLR 559 Minister for Immigration and Multicultural Affairs v Rajalingam (1999) 93 FCR 220
Date of hearing: 8 March 2012
Place: Melbourne
Division: GENERAL DIVISION
Category: Catchwords
Number of paragraphs: 28
Counsel for the Appellant: Mr R Watters
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