MZYQU v Minister for Immigration and Citizenship [2012] FCA 1032

FEDERAL COURT OF AUSTRALIA

MZYQU v Minister for Immigration and Citizenship [2012] FCA 1032 Citation: MZYQU v Minister for Immigration and Citizenship [2012] FCA 1032

Appeal from: MZYQU v Minister for Immigration and Citizenship [2012] FMCA 247

Parties: MZYQU v MINISTER FOR IMMIGRATION AND CITIZENSHIP and WILLIAM BLICK IN HIS CAPACITY AS INDEPENDENT MERITS REVIEWER

File number: VID 315 of 2012

Judge: DODDS-STREETON J

Date of judgment: 18 September 2012

Catchwords: MIGRATION – Appeal from decision of Federal Magistrate, dismissing an application for review of decision of Independent Merits Reviewer ("IMR") – whether IMR misapplied the test for relocation – whether only harm that is "serious harm" within s 91R(1)(b) of the Migration Act 1958 (Cth) can be relevant to reasonableness of relocation – whether IMR failed to consider impact of appellant's mental illness and lack of health services on reasonableness of relocation – appeal allowed

Legislation: Migration Act 1958 (Cth), s 91R

Cases cited: Januzi v Secretary of State for the Home Department [2006] 2 AC 426 cited Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 cited Minister for Immigration and Multicultural and Indigenous Affairs v Respondents S152/2003 [2004] HCA 18 cited MZYPW v Minister for Immigration and Citizenship (2012) 289 ALR 541 considered NAIZ v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCAFC 37 cited SYLB v Minister for Immigration and Multicultural and Indigenous Affairs (2005) 87 ALD 498 cited SZATV v Minister for Immigration and Citizenship (2007) 233 CLR 18 considered