Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
MZYQF v Minister for Immigration and Citizenship [2012] FCA 1270 Citation: MZYQF v Minister for Immigration and Citizenship [2012] FCA 1270
Appeal from: MZYQF v Minister for Immigration and Citizenship [2012] FMCA 229
Parties: MZYQF v MINISTER FOR IMMIGRATION AND CITIZENSHIP and GINA TOWNEY IN HER CAPACITY AS INDEPENDENT MERITS REVIEWER
File number: VID 312 of 2012
Judge: DODDS-STREETON J
Date of judgment: 15 November 2012
Catchwords: MIGRATION - Whether the Independent Merits Reviewer ("IMR") failed to consider the appellant's claim or particular integers thereof – whether IMR erred in failing to consider whether the appellant faced fear of persecution from the Taliban who were in control of his home area or whether the significant hardship identified could amount to serious harm within the meaning of s 91R(1)(b) of Migration Act 1958 (Cth) for Convention reasons.
Legislation: Migration Act 1958 (Cth), ss 91R(1)(b), 91R(1)(d), 91R(1)(e), 91R(1)(f)
Cases cited: Applicant WAEE v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCAFC 184; (2003) 75 ALD 630 cited Htun v Minister for Immigration and Multicultural Affairs (2001) 194 ALR 244 cited Minister for Immigration and Citizenship v SZNPG [2010] FCAFC 51; (2010) 115 ALD 303 cited Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 considered NABE v Minister for Immigration and Multicultural and Indigenous Affairs (No 2) (2004) 144 FCR 1 cited NAHI v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 10 cited Paul v Minister for Immigration and Multicultural Affairs [2001] FCA 1196; (2001) 113 FCR 396 cited Plaintiff M61/2010E v Commonwealth (2010) 243 CLR 319 cited Re Minister for Immigration and Multicultural Affairs; ex parte Durairajasingham [2000] HCA 1; (2000) 168 ALR 407 cited SZOYH v Minister for Immigration and Citizenship [2012] FCA 713 cited Toro Martinez v Minister for Immigration and Citizenship [2009] FCA 528 cited
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