Minister for Immigration and Citizenship v MZYRI [2012] FCA 1107

FEDERAL COURT OF AUSTRALIA

Minister for Immigration and Citizenship v MZYRI [2012] FCA 1107 Citation: Minister for Immigration and Citizenship v MZYRI [2012] FCA 1107

Appeal from: MZYRI v Minister for Immigration & Anor [2012] FMCA 396

Parties: MINISTER FOR IMMIGRATION AND CITIZENSHIP v MZYRI and W J BLICK, IN HIS CAPACITY AS INDEPENDENT MERITS REVIEWER

File number: NSD 607 of 2012

Judge: JAGOT J

Date of judgment: 16 October 2012

Catchwords: MIGRATION – whether independent merits reviewer misunderstood, misconstrued or failed to consider first respondent's claims – "essential and significant" Convention reasons pursuant to s 91R Migration Act 1958 (Cth)

Legislation: Migration Act 1958 (Cth) 1951 Convention relating to the Status of Refugees as amended by the 1967 Protocol relating to the Status of Refugees

Cases cited: Dranichnikov v Minister for Immigration & Multicultural Affairs (2003) 197 ALR 389; [2003] HCA 26 Minister for Immigration and Multicultural Affairs v Sarrazola (1999) 95 FCR 517; [1999] FCA 1134 Minister for Immigration and Multicultural Affairs v Singh (2002) 209 CLR 533; [2002] HCA 7 Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 Rajaratnam v Minister for Immigration & Multicultural Affairs (2000) 62 ALD 73; [2000] FCA 1111 SHKB v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 545 SZATE v Minister for Immigration [2004] FMCA 532 SZCBT v Minister for Immigration & Multicultural Affairs [2007] FCA 9 SZJRI v Minister for Immigration & Citizenship (2008) 103 ALD 176; [2008] FCA 1090 SZQJH v Minister for Immigration and Citizenship [2012] FCA 297