Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZQJB v Minister for Immigration & Citizenship [2013] FCA 10 Citation: SZQJB v Minister for Immigration & Citizenship [2013] FCA 10
Appeal from: SZQJB v Minister for Immigration & Anor [2011] FMCA 787
Parties: SZQJB v MINISTER FOR IMMIGRATION AND CITIZENSHIP and PETER GACS IN HIS CAPACITY AS INDEPENDENT MERITS REVIEWER
File number: NSD 2043 of 2011
Judge: RARES J
Date of judgment: 15 January 2013
Corrigendum: 1 February 2013
Catchwords: MIGRATION – protection visa – jurisdictional error – whether independent merits reviewer misapplied the test of whether the appellant had a well-founded fear of persecution, in the sense of a "real chance" of persecution if he was returned to his country of residence – whether the reviewer had a "real doubt" as to whether a particular factual finding was correct – whether pursuant to Minister for Immigration and Ethnic Affairs v Guo (1997) 191 CLR 559, the reviewer had an obligation to consider, in determining the existence of a well founded fear, the possibility that the reviewer's factual finding was wrong Held: the reviewer did not have a real doubt as to the correctness of his finding, and so was not required to consider the possibility that the finding was incorrect
Legislation: Migration Act 1958 (Cth) ss 36(2), 36(3)-(7),46A, 91R-91U Convention Relating to the Status of Refugees done at Geneva on 28 July 1951 as amended by the Protocol Relating to the Status of Refugees done at New York on 31 January 1967, Art 1A(2)
Cases cited: Minister for Immigration and Ethnic Affairs v Guo (1997) 191 CLR 559 applied Minister for Immigration and Citizenship v SZMDS (2010) 240 CLR 611 referred to Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 applied MZXSA v Minister for Immigration (2010) 117 ALD 441 applied NABE v Minister for Immigration and Multicultural and Indigenous Affairs (No 2) (2004) 144 FCR 1 applied Plaintiff M61/2010E v Commonwealth (2010) 243 CLR 319 referred to SZOOR v Minister for Immigration and Citizenship (2012) 202 FCR 1 referred to TK (Tamils – LP updated) Sri Lanka CG [2009] UKAIT 00049 referred to
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate