Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZRHH v Minister for Immigration and Citizenship [2012] FCA 1424 Citation: SZRHH v Minister for Immigration and Citizenship [2012] FCA 1424
Appeal from: SZRHH v Minister for Immigration & Anor [2012] FMCA 843
Parties: SZRHH v MINISTER FOR IMMIGRATION AND CITIZENSHIP and REFUGEE REVIEW TRIBUNAL
File number: NSD 1522 of 2012
Judges: BUCHANAN J
Date of judgment: 14 December 2012
Catchwords: MIGRATION – claims of likely harm in Sri Lanka – claim of possible persecution for people smuggling – appellant convicted of people smuggling in Australia – principle of double jeopardy – appeal against conviction upheld after Tribunal gave its decision – whether the Tribunal erred in failing to take into account the possibility the appellant's conviction might be quashed – claim of possible persecution by police for assisting LTTE – whether Tribunal should have found a particular motive for police detention in Sri Lanka
Legislation: Migration Act 1958 (Cth)
Cases cited: Dranichnikov v Minister for Immigration and Multicultural and Indigenous Affairs (2003) 77 ALJR 1088 NABE v Minister for Immigration and Multicultural and Indigenous Affairs (No 2) (2004) 144 FCR 1
Date of hearing: 23 November 2012
Place: Sydney
Division: GENERAL DIVISION
Category: Catchwords
Number of paragraphs: 45
Counsel for the Appellant: Mr M J Leeming SC with Mr L Karp
Solicitor for the Appellant: Legal Aid NSW
Counsel for the First Respondent: Mr T Reilly
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