Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZQGL v Minister for Immigration and Citizenship [2012] FCA 1011 Citation: SZQGL v Minister for Immigration and Citizenship [2012] FCA 1011
Appeal from: SZQGL v Minister for Immigration and Citizenship & Anor [2011] FMCA 1019
Parties: SZQGL v MINISTER FOR IMMIGRATION AND CITIZENSHIP and MICHAEL GRIFFIN IN HIS CAPACITY AS INDEPENDENT MERITS REVIEWER
File number: NSD 2360 of 2011
Judge: COWDROY J
Date of judgment: 14 September 2012
Catchwords: MIGRATION – appeal from Federal Magistrates Court – application for protection visa – appellant subject to refugee status assessment (RSA) and independent merits review (IMR) processes – extant guidelines stated that IMR reviewers not bound by Australian case law – decision in M61/2010E v Commonwealth of Australia overturns this statement – reviewer states he is bound by Australian case law – whether reviewer entitled to depart from guidelines – whether reviewer acted without power – country information provided to appellant at RSA stage – whether reviewer should have put conclusions based on country information to appellant for comment – whether translation of country information documents necessary for procedural fairness – whether reviewer failed to determine appellant's claims – whether reviewer's conclusion illogical or irrational – appeal dismissed
Legislation: Migration Act 1958 (Cth) ss 36, 46A, 189, 195A
Cases cited: Cabal v Minster for Immigration and Multicultural Affairs [2001] FCA 546 Chan v Minister for Immigration and Ethnic Affairs (1989) 169 CLR 379 M61/2010E v Commonwealth of Australia; Plaintiff M69/2010 v Commonwealth (2010) 243 CLR 319 Metwally v University of Wollongong (1985) 60 ALR 68 Minister for Immigration and Multicultural Affairs v Eshetu (1999) 197 CLR 611 Minister for Immigration and Citizenship v SZMDS (2010) 240 CLR 611 MZYPW v Minister for Immigration [2012] FCAFC 99 O'Brien v Komesaroff (1982) 150 CLR 310 Re Drake v Minister for Immigration and Ethnic Affairs (No 2) (1979) 2 ALD 634 Re Minister for Immigration and Multicultural Affairs; Ex parte Miah (2001) 206 CLR 57 S14/2002 v Minister for Immigration and Multicultural and Indigenous Affairs) [2003] FCA 1153 SCAM v Minister for Immigration and Multicultural and Indigenous Affairs [2002] FCA 964 Suttor v Gundowda Pty Ltd (1950) 81 CLR 418 SZLSW v Minister for Immigration and Multicultural Affairs (2008) 103 ALD 580 SZQFY v Minister for Immigration and Citizenship [2012] FCA 486 SZQGL v Minister for Immigration and Anor [2012] FMCA 1019 SZQHH v Minister for Immigration and Citizenship (2012) 200 FCR 223 Teoh v Minister for Immigration, Local Government and Ethnic Affairs (1994) 49 FCR 409 X v Minister for Immigration and Multicultural Affairs (2002) 116 FCR 319
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