MZYOI v Minister for Immigration and Citizenship [2012] FCA 868

FEDERAL COURT OF AUSTRALIA

MZYOI v Minister for Immigration and Citizenship [2012] FCA 868 Citation: MZYOI v Minister for Immigration and Citizenship [2012] FCA 868

Appeal from: MZYOI v Minister for Immigration and Citizenship [2012] FMCA 203

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

File number: VID 290 of 2012

Judge: DODDS-STREETON J

Date of judgment: 16 August 2012

Catchwords: MIGRATION – Appeal from decision of Federal Magistrate, dismissing an application for review of decision of the Independent Merits Reviewer ("IMR") – whether IMR's failure to notify appellant her decision would be based on a different factual finding to the delegate's was a denial of procedural fairness – whether IMR's alleged failure to put or put accurately, certain country information was a denial of procedural fairness – whether Federal Magistrate misconstrued IMR's finding as conclusion that the appellant faced no real risk of serious harm in his travel – whether IMR failed to take into account relevant considerations or deal with an essential integer of the appellant's claim – whether IMR made an illogical finding – grounds of appeal do not identify any jurisdictional error – appeal dismissed

Legislation: Migration Act 1958 (Cth), s 36(2)

Cases cited: Appellant S395/2002 v Minister for Immigration and Multicultural Affairs; Appellant S396/2002 v Minister for Immigration and Multicultural Affairs (2003) 216 CLR 473 explained Chan Yee Kin v Minister for Immigration and Ethnic Affairs (1989) 169 CLR 379 considered Commissioner for Australian Capital Territory Revenue v Alphaone Pty Ltd (1994) 49 FCR 576 considered Htun v Minister for Immigration and Multicultural Affairs (2001) 194 ALR 244 considered Kioa v West (1985) 159 CLR 550 applied Minister for Immigration and Multicultural Affairs v Ibrahim (2010) 204 CLR 1 cited Minister for Immigration & Multicultural & Indigenous Affairs v NAMW (2004) 140 FCR 572 cited Minister for Immigration and Citizenship v SZONJ (2011) 278 ALR 608 considered Muin v Refugee Review Tribunal (2002) 76 ALJR 966 cited MZYLR v Minister for Immigration [2011] FMCA 633 distinguished MZYOI v Minister for Immigration and Citizenship [2012] FMCA 203 affirming MZYPA v Minister for Immigration and Citizenship [2012] FCA 581 considered NABE v Minister for Immigration and Multicultural and Indigenous Affairs (No 2) (2005) 144 FCR 1 considered Plaintiff M61/2010E v The Commonwealth (2010) 243 CLR 319 applied Razai v Minister for Immigration and Citizenship [2012] FCA 394 considered Re Minister for Immigration and Multicultural Affairs; Ex parte Miah (2001) 206 CLR 57 cited SZBEL v Minister for Immigration and Multicultural and Indigenous Affairs (2006) 228 CLR 152 distinguished SZOOR v Minister for Immigration and Citizenship [2012] FCAFC 58 considered VEAL v Minister for Immigration and Multicultural and Indigenous Affairs (2005) 225 CLR 88 considered