Minister for Immigration and Citizenship v SZQPA [2012] FCA 1025

FEDERAL COURT OF AUSTRALIA

Minister for Immigration and Citizenship v SZQPA [2012] FCA 1025 Citation: Minister for Immigration and Citizenship v SZQPA [2012] FCA 1025

Appeal from: SZQPA v Minister for Immigration [2012] FMCA 123

Parties: MINISTER FOR IMMIGRATION AND CITIZENSHIP v SZQPA and RON WITTON IN HIS CAPACITY AS INDEPENDENT MERITS REVIEWER

File number: NSD 564 of 2012

Judge: GILMOUR J

Date of judgment: 20 September 2012

Catchwords: MIGRATION – whether the Federal Magistrate erred in holding that the Reviewer fell into jurisdictional error in considering the first respondent's claims to fear harm at the hand of Sri Lankan authorities by reason of being suspected of being a supporter of the Liberation Tigers of Tamil Eelam (LTTE) – whether the Reviewer asked himself a wrong question in considering the first respondent's claims to fear harm -whether there was an expressly articulated claim before the Reviewer requiring him to consider whether the first respondent would be subjected to persecution during the process of questioning by the Sri Lankan authorities - whether the Reviewer was required to consider whether the process of the questioning of the first respondent upon his arrival to Sri Lanka would expose him to a risk of serious harm

Legislation: Migration Act 1958 (Cth) ss 46A(7), 91R

Cases cited: Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 cited NAHI v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCAFC 10 cited Plaintiff M61/2010E v Commonwealth (2010) 243 CLR 319 discussed Politis v Federal Commissioner of Taxation (1988) 16 ALD 707 cited Roser v Immigration Review Tribunal (1991) 25 ALD 443 cited SZQPA v Minister for Immigration [2012] FMCA 123 affirmed