Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZQKV v Minister for Immigration and Citizenship [2012] FCA 501 Citation: SZQKV v Minister for Immigration and Citizenship [2012] FCA 501
Appeal from: SZQKV v Minister for Immigration [2012] FMCA 126
Parties: SZQKV v MINISTER FOR IMMIGRATION AND CITIZENSHIP AND ANOR
File number: NSD 408 of 2012
Judge: FLICK J
Date of judgment: 16 May 2012
Catchwords: ADMINISTRATIVE LAW – grounds – failure to consider relevant matters – no failure made out ADMINISTRATIVE LAW – procedural fairness – bias – whether decision maker who accepted applicant's claims biased – no bias MIGRATION LAW – definition of refugee – requirement that fear of persecution be "well-founded" – insufficient foundation for fear of persecution
Legislation: Migration Act 1958 (Cth) s 91R
Cases cited: Applicant NABD of 2002 v Minister for Immigration and Multicultural and Indigenous Affairs [2005] HCA 29, 216 ALR 1, considered Chan Yee Kin v Minister for Immigration and Ethnic Affairs (1989) 169 CLR 379, applied Damevski v Giudice [2003] FCAFC 252, 133 FCR 438, cited JRL, Re; Ex parte CJL (1986) 161 CLR 342, cited Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259, cited Minister for Immigration and Multicultural Affairs v Jia Legeng [2001] HCA 17, 205 CLR 507, applied NAAX v Minister for Immigration and Multicultural Affairs [2002] FCA 263, 119 FCR 312, cited Plaintiff S157/2002 v Commonwealth [2003] HCA 2, 211 CLR 476, cited Poulet Frais Pty Ltd v Silver Fox Company Pty Ltd [2005] FCAFC 131, 220 ALR 211, cited Refugee Review Tribunal, Re; Ex parte AALA [2000] HCA 57, 204 CLR 82, cited Refugee Review Tribunal, Re; Ex parte HB [2001] HCA 34, 179 ALR 513, cited Samootin v Hannigan [2012] FCA 462, cited SBBF v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCAFC 358, cited SZKIR v Minister for Immigration and Citizenship [2007] FCA 1786, cited SLMB v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCAFC 129, cited SZNUX v Minister for Immigration and Citizenship [2010] FCA 182, 114 ALD 123, cited SZQKV v Minister for Immigration [2012] FMCA 126, affirmed SZORL v Minister for Immigration and Citizenship [2011] FCA 553, cited Win v Minister for Immigration & Multicultural Affairs [2001] FCA 132, considered WZAOD v Minister for Immigration and Citizenship [2011] FCA 1044, 123 ALD 69, cited
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