MZYQZ v Minister for Immigration and Citizenship [2012] FCA 948

FEDERAL COURT OF AUSTRALIA

MZYQZ v Minister for Immigration and Citizenship [2012] FCA 948 Citation: MZYQZ v Minister for Immigration and Citizenship [2012] FCA 948

Appeal from: MZYQZ v Minister for Immigration and Citizenship [2012] FMCA 265

Parties: MZYQZ v THE MINISTER FOR IMMIGRATION AND CITIZENSHIP and JOHN BLOUNT IN HIS CAPACITY AS INDEPENDENT PROTECTION ASSESSMENT REVIEWER

File number: VID 345 of 2012

Judge: DODDS-STREETON J

Date of judgment: 31 August 2012

Catchwords: MIGRATION – whether claim made orally before the first respondent's officer was abandoned before independent merits reviewer ("IMR") – Before IMR, appellant adopted all previous oral and written submissions – IMR stated all previously provided information would be considered – where IMR failed to deal with claim – whether IMR's findings nevertheless subsumed the claim – whether IMR misapplied principles of relocation.

Legislation: Federal Court of Australia Act 1976 (Cth), s 24(1)(d)

Cases cited: DZACT v Minister for Immigration and Anor [2012] FMCA 557 considered Minister for Immigration and Multicultural Affairs v Yusuf (2001) 180 ALR 1 cited Muin v Refugee Review Tribunal (2002) 190 ALR 601 cited NAOI v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCA 383 cited Re Refugee Review Tribunal & Anor: Ex Parte Aala (2000) 204 CLR 82 cited S395/2002 v The Minister for Immigration and Multicultural Affairs (2003) CLR 473 cited SZATV v Minister for Immigration and Citizenship (2007) 233 CLR 18 considered SZEIV v Minister for Immigration and Anor [2006] FCA 1798 considered SZQFR v Minister for Immigration and Anor [2011] FMCA 785 considered