SZRPA v Minister for Immigration and Citizenship [2012] FCA 962

FEDERAL COURT OF AUSTRALIA

SZRPA v Minister for Immigration and Citizenship [2012] FCA 962 Citation: SZRPA v Minister for Immigration and Citizenship [2012] FCA 962

Appeal from: SZRPA v Minister for Immigration and Citizenship [2012] FMCA 91

Parties: SZRPA v MINISTER FOR IMMIGRATION AND CITIZENSHIP and JOHN GODFREY IN HIS CAPACITY AS INDEPENDENT MERITS REVIEWER

File number: NSD 369 of 2012

Judge: FOSTER J

Date of judgment: 4 September 2012

Catchwords: MIGRATION – whether an independent merits reviewer appointed under the Migration Act 1958 (Cth) to review the decision of a departmental officer not to accept an offshore entry person's claims for protection under the Refugees' Convention committed jurisdictional error by not addressing in his recommendations to the Minister the question of whether the Minister should grant to that person a visa pursuant to s 195A of the Migration Act in circumstances where the only ground for the claims made before the reviewer was that the claimant was entitled to protection by reason of the Convention and where that specific claim was addressed and dealt with by the reviewer

Legislation: Migration Act 1958 (Cth), ss 36, 46A, 65, 91S and 195A Migration Regulations 1994 (Cth)

Cases cited: SZRPA v Minister for Immigration and Citizenship [2012] FMCA 91 related NABE v Minister for Immigration and Multicultural and Indigenous Affairs (No 2) (2004) 144 FCR 1 cited NAVK v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCA 1695 cited Plaintiff M61/2010E v The Commonwealth (2010) 243 CLR 319 cited S395/2002 v Minister for Immigration and Multicultural Affairs (2003) 216 CLR 473 cited