MZYRD v Minister for Immigration and Citizenship [2012] FCA 830

FEDERAL COURT OF AUSTRALIA

MZYRD v Minister for Immigration and Citizenship [2012] FCA 830 Citation: MZYRD v Minister for Immigration and Citizenship [2012] FCA 830

Appeal from: MZYRD v Minister for Immigration and Citizenship [2012] FMCA 219

Parties: MZYRD v MINISTER FOR IMMIGRATION AND CITIZENSHIP and SUE ZELINKA IN HER CAPACITY AS INDEPENDENT MERITS REVIEWER

File number: VID 303 of 2012

Judge: MURPHY J

Date of judgment: 8 August 2012

Catchwords: MIGRATION - Refugees - Application for refugee status - Offshore entry person - Refugee status assessment process - Independent merits review - Error of law -Denial of procedural fairness - Reviewer in receipt of new country information post-dating hearing - Whether new country information was "credible, relevant and significant" -Failure to put country information post-dating hearing for consideration and comment by applicant for refugee status

Legislation: Migration Act 1958 (Cth), s 46A

Cases cited: Applicant VEAL of 2002 v Minister for Immigration and Multicultural and Indigenous Affairs and Anor (2005) 225 CLR 88 Bushell v Environment Secretary [1981] AC 75 Kioa v West (1985) 159 CLR 550 Minister for Immigration and Citizenship v SZQHH (2012) 200 FCR 223 Muin v Refugee Review Tribunal (2002) 76 ALJR 966 MZYRD v Minister for Immigration and Citizenship [2012] FMCA 219 NIB Health Funds v PHIAC (2001) 115 FCR 561 Plaintiff M61/2010E v Commonwealth; Plaintiff M69 of 2010 v Commonwealth (2010) 243 CLR 319 Re Minister for Immigration and Multicultural and Indigenous Affairs; Ex Parte Lam (2003) 214 CLR 1 SZBEL v Minister for Immigration and Multicultural and Indigenous Affairs (2006) 228 CLR 152