SZQKE v Minister for Immigration and Citizenship [2012] FCA 514

FEDERAL COURT OF AUSTRALIA

SZQKE v Minister for Immigration and Citizenship [2012] FCA 514 Citation: SZQKE v Minister for Immigration and Citizenship [2012] FCA 514

Appeal from: SZQKE v Minister for Immigration & Anor (No 3) [2011] FMCA 878

Parties: SZQKE v MINISTER FOR IMMIGRATION AND CITIZENSHIP and KERRY ANNE-HARTMAN IN HER CAPACITY AS INDEPENDENT MERITS REVIEWER

File number: NSD 2253 of 2011

Judge: COWDROY J

Date of judgment: 18 May 2012

Catchwords: MIGRATION – independent merits reviewer decides appellant not entitled to refugee protection – reviewer finds appellant not exposed to risk of persecution during return journey if deported – Federal Magistrates Court upholds the decision – appellant appeals – whether appellant will be persecuted during return journey to the appellant's home province – independent country information indicating no real risk of persecution in travelling to place of origin – appeal dismissed.

Legislation: Convention Relating to the Status of Refugees 1951 Migration Act 1958 (Cth) s 36

Cases cited: Alphonsus v The Minister for Immigration and Multicultural Affairs [1999] FCA 289 Fadil Dyli v Secretary of State for the Home Department [2000] IMM AR 652 Karanakaran v Secretary of State for the Home Department [2003] 3 All ER 449 M61/2010E v Commonwealth of Australia (2010) 243 CLR 319 Ponnudurai v Minister for Immigration [2000] FCA 91 Randhawa v Minister for Immigration, Local Government and Ethnic Affairs (1994) 124 ALR 265 R v Secretary of State for the Home Department; ex parte Gunes [1991] Imm AR 278 SZQKE v Minister for Immigration & Anor (No 2) [2011] FMCA 847 SZQKE v Minister for Immigration (No 3) [2011] FMCA 878