SZQMT v Minister for Immigration and Citizenship [2012] FCA 840

FEDERAL COURT OF AUSTRALIA

SZQMT v Minister for Immigration and Citizenship [2012] FCA 840 Citation: SZQMT v Minister for Immigration and Citizenship [2012] FCA 840

Appeal from: SZQMT v Minister for Immigration [2012] FMCA 101

Parties: SZQMT v MINISTER FOR IMMIGRATION AND CITIZENSHIP and REFUGEE REVIEW TRIBUNAL

File number: NSD 305 of 2012

Judge: FLICK J

Date of judgment: 10 August 2012

Catchwords: MIGRATION – protection visa – protection obligations under Refugees Convention – whether well-founded fear of persecution – relocation – whether reasonable in circumstances – failure of Refugee Review Tribunal to make relevant factual findings – claim "sidestepped" – jurisdictional error committed

Legislation: Migration Act 1958 (Cth) ss 36, 91R

Cases cited: Appellant S395/2002 v Minister for Immigration and Multicultural Affairs [2003] HCA 71, 216 CLR 473, considered Applicant NABD of 2002 v Minister for Immigration and Multicultural and Indigenous Affairs [2005] HCA 29, 216 ALR 1, distinguished MZYNA v Minister for Immigration and Citizenship [2012] FCA 159, cited MZYPW v Minister for Immigration and Citizenship [2012] FCAFC 99, cited SZATV v Minister for Immigration and Citizenship [2007] HCA 40, 233 CLR 18, applied SZFDV v Minister for Immigration and Citizenship [2007] HCA 41, 233 CLR 51, cited SZQEN v Minister for Immigration and Citizenship [2012] FCA 387, cited SZQMR v Minister for Immigration and Citizenship [2012] FCA 122, 125 ALD 224, considered SZQMT v Minister for Immigration [2012] FMCA 101, reversed Kendall, 'Lesbian and Gay Refugees in Australia: Now that 'Acting Discreetly' is no Longer an Option, will Equality be Forthcoming?' (2003) 15 International Journal of Refugee Law 715 Kneebone, 'The Refugee Review Tribunal and the Assessment of Credibility: an Inquisitorial Role?' 5 AJ Admin L 78