SZQXE v Minister for Immigration and Citizenship [2012] FCA 1292

FEDERAL COURT OF AUSTRALIA

SZQXE v Minister for Immigration and Citizenship [2012] FCA 1292 Citation: SZQXE v Minister for Immigration and Citizenship [2012] FCA 1292

Appeal from: SZQXE v Minister for Immigration [2012] FMCA 643

Parties: SZQXE v MINISTER FOR IMMIGRATION AND CITIZENSHIP and DAVID CORRIGAN IN HIS CAPACITY AS INDEPENDENT MERITS REVIEWER

File number: NSD 1180 of 2012

Judge: FLICK J

Date of judgment: 21 November 2012

Catchwords: MIGRATION – "well-founded fear of being persecuted" – basis of fear – relevance of future events – whether Independent Merits Reviewer had regard to events in "reasonably foreseeable future" MIGRATION – "well-founded fear of being persecuted" – practicality of return to home district – ability to safely travel – whether Independent Merits Reviewer had regard to practicality of claimant returning to Afghanistan – need for claimant to raise objection in interview with Reviewer

Legislation: 1951 Convention Relating to the Status of Refugees as amended by the 1967 Protocol Relating to the Status of Refugees

Cases cited: Applicant Z v Minister for Immigration & Multicultural Affairs [2001] FCA 325, cited AZABN v Minister for Immigration and Citizenship [2012] FCA 526, cited AZABO v Minister for Immigration and Citizenship [2012] FCA 525, 127 ALD 526, cited Minister for Immigration & Ethnic Affairs v Guo (1997) 191 CLR 559, considered Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259, considered Minister for Immigration & Multicultural Affairs v Jama [1999] FCA 1680, considered Minister for Immigration & Multicultural Affairs v Sameh [2000] FCA 578, considered Minister for Immigration, Local Government and Ethnic Affairs v Mok (1994) 55 FCR 375, cited NABE v Minister for Immigration and Multicultural and Indigenous Affairs (No 2) [2004] FCAFC 263, 144 FCR 1, cited NAHI v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCAFC 10, cited Randhawa v Minister for Immigration, Local Government and Ethnic Affairs (1994) 52 FCR 437, considered SZMCD v Minister for Immigration and Citizenship [2009] FCAFC 46, 174 FCR 415, applied SZQEN v Minister for Immigration and Citizenship [2012] FCA 387, 202 FCR 514, cited SZQXE v Minister for Immigration [2012] FMCA 643, affirmed WAAD v Minister for Immigration & Multicultural Affairs [2002] FCAFC 399, cited Warnakulasuriya v Minister for Immigration & Multicultural Affairs (unreported, Finkelstein J, 6 April 1998), cited