Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZOYH v Minister for Immigration and Citizenship [2012] FCA 713 Citation: SZOYH v Minister for Immigration and Citizenship [2012] FCA 713
Appeal from: SZOYH v Minister for Immigration & Anor [2011] FMCA 1001
Parties: SZOYH v MINISTER FOR IMMIGRATION AND CITIZENSHIP and REFUGEE REVIEW TRIBUNAL
File number: NSD 16 of 2012
Judge: REEVES J
Date of judgment: 5 July 2012
Catchwords: MIGRATION – appeal from decision of Federal Magistrate upholding an application for review of decision of Refugee Review Tribunal (Tribunal) – Tribunal to deal with the claim actually raised by the material – consideration of whether the Tribunal and Federal Magistrate failed to have regard to integer of applicant's claim – infant appellant – claimed persecutory repercussions if parents returned to China – consideration of "serious harm" to infant appellant – inferences to be drawn from failure to advert to particular contention and evidence in reasons – appeal allowed
Legislation: Migration Act 1958 (Cth)
Cases cited: Applicant WAEE v Minister for Immigration and Multicultural and Indigenous Affairs (2003) 75 ALD 630; [2003] FCAFC 184 Htun v Minister for Immigration and Multicultural Affairs (2001) 194 ALR 244; [2001] FCA 1802 Minister for Immigration and Citizenship v MZYHS (2011) 119 ALD 534; [2011] FCA 53 Minister for Immigration and Ethnic Affairs v Guo (1997) 191 CLR 559 Minister for Immigration and Citizenship v SZNPG (2010) 115 ALD 303; [2010] FCAFC 51 NABE v Minister for Immigration and Multicultural and Indigenous Affairs (No 2) (2005) 144 FCR 1; [2004] FCAFC 263 Re Woolley; Ex parte Applicants M276/2003 (2004) 225 CLR 1; [2004] HCA 49 SXOVB v Minister for Immigration and Citizenship (2011) 125 ALD 38; [2011] FCA 1462 SXRB v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 1222 SZLSM v Minister for Immigration [2008] FMCA 1172 SZLSM v Minister for Immigration and Citizenship (2009) 176 FCR 539; [2009] FCA 537 SZOYH v Minister for Immigration & Anor [2011] FMCA 1001
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