SZQII v Minister for Immigration and Citizenship [2012] FCA 402

FEDERAL COURT OF AUSTRALIA

SZQII v Minister for Immigration and Citizenship [2012] FCA 402 Citation: SZQII v Minister for Immigration and Citizenship [2012] FCA 402

Appeal from: SZQII v Minister for Immigration & Anor [2011] FMCA 789

Parties: SZQII v MINISTER FOR IMMIGRATION AND CITIZENSHIP and CHRISTOPHER KEHER, IN HIS CAPACITY AS INDEPENDENT MERITS REVIEWER

File number: NSD 1897 of 2011

Judge: NORTH J

Date of judgment: 22 February 2012

Date of hearing: 22 February 2012

Place: Sydney

Division: GENERAL DIVISION

Category: No Catchwords

Number of paragraphs: 30

Counsel for the Appellant: Mr L J Karp

Solicitor for the Appellant: Allens Arthur Robinson

Counsel for the Respondents: Mr T Reilly

Solicitor for the Respondents: Sparke Helmore Lawyers

IN THE FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY GENERAL DIVISION NSD 1897 of 2011

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: SZQII

Appellant

AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP

First Respondent

CHRISTOPHER KEHER, IN HIS CAPACITY AS INDEPENDENT MERITS REVIEWER

Second Respondent

JUDGE: NORTH J DATE OF ORDER: 22 FEBRUARY 2012 WHERE MADE: SYDNEY

THE COURT DECLARES THAT: 1. The second respondent erred in law in recommending that the appellant should not be recognised as a person to whom Australia has protection obligations under the 1951 Convention relating to the Status of Refugees, as amended by the 1967 Protocol relating to the Status of Refugees, in that he failed to consider a number of the claims made by the appellant. AND THE COURT ORDERS THAT: 2. The appeal is allowed. 3. The first respondent pay the appellant's costs of the appeal and the costs of the proceeding before the Federal Magistrates Court, the latter fixed at $6240. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules.