AZABM v Minister for Immigration and Citizenship [2012] FCA 860

FEDERAL COURT OF AUSTRALIA

AZABM v Minister for Immigration and Citizenship [2012] FCA 860 Citation: AZABM v Minister for Immigration and Citizenship [2012] FCA 860

Appeal from: AZABM v Minister for Immigration and Citizenship and Anor [2012] FMCA 20

Parties: AZABM v MINISTER FOR IMMIGRATION & CITIZENSHIP and REFUGEE REVIEW TRIBUNAL

File number: SAD 34 of 2012

Judge: BESANKO J

Date of judgment: 17 August 2012

Catchwords: MIGRATION – appeal from decision of Federal Magistrates Court upholding decision of Refugee Review Tribunal to refuse application for Protection (Class XA) Visa – where appellant claimed decision of Tribunal affected by jurisdictional error – where appellant did not challenge finding of Tribunal that persecution not for Convention reason for purposes of s 91R of the Migration Act 1958 (Cth) – whether federal magistrate erred in not considering appellant's grounds of appeal due to existence of "alternate streams of reasoning" not affected by error and sufficient to dispose of appeal. MIGRATION – whether Tribunal's finding that appellant did not have genuine fear of persecution affected by jurisdictional error – where one of five bases upon which finding made concerned appellant's failure to seek asylum in neighbouring European country – where no evidence of appellant's ability to do so under European Community law before Tribunal – whether Tribunal's finding irrational or illogical. MIGRATION – whether Tribunal failed to consider evidence of "serious harm" allegedly suffered by appellant for purposes of s 91R(2) of the Act. Held: the appeal must be dismissed.