Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZRER v Minister for Immigration and Citizenship [2012] FCA 887 Citation: SZRER v Minister for Immigration and Citizenship [2012] FCA 887
Appeal from: SZRER v Minister for Immigration & Anor [2012] FMCA 452
Parties: SZRER v MINISTER FOR IMMIGRATION AND CITIZENSHIP and HUGH WYNDHAM IN HIS CAPACITY AS INDEPENDENT MERITS REVIEWER
File number: NSD 863 of 2012
Judge: ROBERTSON J
Date of judgment: 20 August 2012
Catchwords: MIGRATION – appeal from Federal Magistrates Court –review of decision of Independent Merits Reviewer rejecting a claim that the appellant had well-founded fear of persecution – whether appellant denied procedural fairness – whether Reviewer failed to deal with the full integers of claim – whether Federal Magistrate misconstrued the reasons of the Reviewer – whether Reviewer asked himself the wrong question
Legislation: Migration Act 1958 (Cth) s 36(2)
Cases cited: Chan Yee Kin v Minister for Immigration & Ethnic Affairs (1989) 169 CLR 379 cited Commissioner for Australian Capital Territory Revenue v Alphaone Pty Ltd (1994) 49 FCR 576 cited Minister for Immigration & Ethnic Affairs v Guo (1997) 191 CLR 559 cited Minister for Immigration and Citizenship v SZGUR (2011) 241 CLR 594 applied Plaintiff M61/2010E v Commonwealth (2010) 243 CLR 319 referred to SZNSC v Minister for Immigration and Citizenship [2009] FCA 1436; (2009) 112 ALD 490 cited
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